TRIAL COURT ABUSED DISCRETION IN DENYING MOTION TO CONTINUE SUMMARY JUDGMENT HEARING TO ALLOW MORE TIME FOR DISCOVERY, FOLLOWING THE LIFTING OF A STAY, WHICH HAD BEEN GRANTED PENDING ISSUANCE OF AN APPRAISAL AWARD—SUMMARY JUDGMENT REVERSED.
Bello v. Geovera Specialty Insurance Co, 45 Fla. L Weekly D2039 (Fla. 3rd DCA August 26, 2020):
Three weeks after the service of the complaint, the insurer did not answer any of the discovery served with the complaint, sought an appraisal, and shortly thereafter stipulated to the appraisal and to a stay of the proceedings pending issuance of the appraisal award.
Soon after, the appraisal award issued and the stay was lifted. The insurer then moved for summary judgment, even though it had still not provided any of the requested discovery or even filed a formal response or objection.
Under those facts, the court agreed that the trial judge abused his discretion in denying the motion to continue, and in granting summary judgment.