Zuchaer v. Peninsula Condominium Association, Inc., 51 Fla. L. Weekly D626 (Fla. 3d DCA Mar. 25, 2026):

The court affirmed summary judgment for the defendant condominium association, writing to address the defendants’ argument that it still had outstanding discovery to do.

However, after the appellate court had previously reversed a default judgment and remanded, the defendants waited eleven months to serve discovery.  When the association responded with a motion for protective order, the defendants did not set it for hearing and did not move to compel responses.  Ten more months passed.

When the association moved for summary judgment, the defendants argued the pending discovery prevented entry of summary judgment, but they did not do what the rules require to obtain more time: they did not seek a continuance, and they did not submit the affidavit/declaration contemplated by Rule 1.510(d) showing specified reasons they could not present facts essential to oppose summary judgment.

A party cannot shield itself from summary judgment by citing outstanding discovery it failed to diligently pursue.