Wlodyka v. Matthews

On Motion for Written Opinion

On motion for rehearing, rehearing en banc, and clarification from our affirmance of a final summary judgment, appellant contends that our per curiam affirmance is in conflict with various other opinions of this court and others which hold that a court.should not enter summary judgment when the opposing party has not completed discovery. See Lubarsky v. Sweden House Props. of Boca Raton, Inc., 673 So.2d 975, 977 (Fla. 4th DCA 1996) (quoting Brandauer v. Publix Super Mkts., Inc., 657 So.2d 932, 933 (Fla. 2d DCA 1995)).

We do not dispute the foregoing cases. The…