Fourth DCA Holds That Pending Discovery Is Not a Basis to Delay Summary Judgment Where Discovering Party Has Delayed Seeking a Ruling on Discovery Objections

In Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Company, 105 So. 3d 602 (Fla. 4th DCA 2013), the court held that the Defendants’ six months delay in setting a hearing on a motion for protective order, and waiting until two weeks before a summary judgment hearing to file a motion to compel, constituted a failure to act diligently in seeking discovery. As a result, the trial court was entitled to believe that the real purpose of discovery was delay, rather than the discovery of relevant information.


(Congress Park Office Condos II, LLC, Yoram Galel, Jeffrey Morris, and Congress Park Owners Associations, Inc. v. First-Citizens Bank & Trust Company, Fla. 4th DCA, Appeal No. 4D11-4479, January 16, 2013)

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