SCHERR v. ANDREWS

No. 86-1157.

497 So.2d 970 (1986)

Dr. Ronald H. SCHERR and Harriet Scherr, His Wife, Appellants, v. Donald S. ANDREWS, Appellee.

District Court of Appeal of Florida, Third District.

November 18, 1986.


Attorney(s) appearing for the Case

Kelner & Kelner and Milton Kelner, Miami, for appellants.

Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson and G. William Bissett, Miami, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

Where a protective order of the trial court has temporarily precluded the plaintiffs from deposing one of two defendants and the effect of such order is to deprive the plaintiffs of the opportunity to discover information tending to establish the liability of the co-defendant, the entry of a summary judgment for the co-defendant while the protective order is in effect is premature. The summary judgment is, accordingly, reversed and the cause remanded for...

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