Fuller v. General Motors Corp., 76-1998
| Decision Date | 10 January 1978 |
| Docket Number | No. 76-1998,76-1998 |
| Citation | 353 So.2d 1236 |
| Parties | William FULLER, Appellant, v. GENERAL MOTORS CORPORATION et al., Appellees. |
| Court | Florida District Court of Appeals |
Preddy, Kutner & Hardy and Peter A. Miller, Miami, for appellant.
Pyszka, Kessler, Adams & Solomon, Richard M. Gale, Miami, for appellees.
Before HENDRY, HUBBART and KEHOE, JJ.
Appellant, plaintiff below, brings this appeal from a summary final judgment dated February 25, 1976, entered by the trial court in favor of appellees Cosmopolitan Mutual Insurance Company, Stephen Burke, Martin Burke, and Mirror Wall, Inc., defendants below. We have concluded that the trial court did not err in entering the summary final judgment; therefore, it is affirmed.
Appellant contends that the trial court erred by entering the summary final judgment and by failing to grant his motion for a rehearing because at the time of entry there existed a genuine issue of material fact. Also, appellant contends that the trial court erred in granting the summary final judgment because all discovery had not been completed.
A review of the record reveals the following pertinent dates:
June 6, 1976 -- appellant filed his complaint
January 19, 1976 -- appellees filed their motion
for summary judgment
February 24, 1976 -- trial court entered motion
setting hearing on motion for
summary judgment for
February 24, 1976
February 26, 1976 -- summary final judgment
entered
March 1, 1976 -- appellant filed petition for
rehearing of order granting
summary final judgment
September 27, 1976 -- hearing on appellant's
petition for rehearing.
October 1, 1976 -- trial court entered order
denying petition for rehearing.
Our review of the record reflects, as of the time of the hearing on appellees' motion for summary judgment, appellant did not indicate to the trial court that any further discovery was necessary. Pursuant to Fla.R.Civ.P. 1.510(f), appellant could have moved for a continuance to complete discovery or submit affidavits in opposition to appellees' motion for summary judgment. Further, it appears that appellant did not advise the trial court of any distress, inconvenience, surprise, disadvantage, etc., in regard to the...
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