ROBSON v. HAINES

No. 93-1508.

634 So.2d 831 (1994)

Frances Ann ROBSON, Appellant, v. Gary T. HAINES, Warren J. Pashley, III, and Del Rose, Appellees.

District Court of Appeal of Florida, Fifth District.

April 22, 1994.


Attorney(s) appearing for the Case

Donald R. Peyton, New Port Richey, for appellant.

Darryl W. Johnston of Johnston & Sasser, P.A., Brooksville, for appellees W.J. Pashley, III, and Gary Haines.

No appearance for appellee, Del Rose.


PER CURIAM.

This is an appeal from a summary judgment in a case involving alleged breaches of warranty and failures to disclose defects in a home sale case.

Because the defendant Haines repeatedly failed or refused to appear for his properly noticed deposition he has prevented plaintiff from obtaining discovery concerning her lawsuit against him and the other defendants. Thus the case is not yet fully at issue so the trial court was premature in its summary...

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