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Salzberg v. Eisenberg

District Court of Appeal of Florida, Third District
Mar 13, 1979
368 So. 2d 442 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1083.

March 13, 1979.

Appeal from the Circuit Court, Dade County, Harold R. Vann, J.

Gerald K. Burton, Hollywood, for appellant.

Pyszka, Kessler Adams and William M. Douberley, Miami, for appellees.

Before KEHOE and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


Appellant, plaintiff below, brings this appeal from a final summary judgment entered in favor of appellees. We reverse.

Our review of the record shows that, at the time the trial court entered its final summary judgment in favor of appellees, both objections to interrogatories and a motion to produce were pending. Prior to a determination by the trial court of these objections, it was not possible to ascertain whether any genuine issues of any material facts remained in the cause. Absent such a determination, it was untimely for the trial court to enter a final summary judgment in favor of appellees. Fla.R.Civ.P. 1.510. Accordingly, the judgment appealed is reversed and the cause is remanded for further proceedings.

Reversed and remanded.


Summaries of

Salzberg v. Eisenberg

District Court of Appeal of Florida, Third District
Mar 13, 1979
368 So. 2d 442 (Fla. Dist. Ct. App. 1979)
Case details for

Salzberg v. Eisenberg

Case Details

Full title:MINNIE SALZBERG, APPELLANT, v. PAULINE EISENBERG ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Mar 13, 1979

Citations

368 So. 2d 442 (Fla. Dist. Ct. App. 1979)

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