Campbell-Settle Pressure Grouting & "Gunite" Co. v. David M. Abel Construction Co.

DANIEL S. PEARSON, Judge.

At hearings on motion for summary judgment, the trial court, over appellant’s objection, considered oral testimony. While this procedure is clearly impermissible, Fla.R.Civ.P. 1.510; Ogden Trucking Company v. Heller Bros. & Co., 130 So.2d 295 (Fla. 3d DCA 1961), the appellees, in whose favor partial summary judgment was entered, contend that Campbell-Settle waived its objection by thereafter eliciting testimony from its own witnesses. We need not decide whether, faced with an apparent Hobson’s choice, Campbell-Settle’s failure to stand pat and take its chances…