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COLLAZO v. HUPERT

No. 96-929.

693 So.2d 631 (1997)

Dulce COLLAZO, etc., Appellant, v. John Joseph HUPERT, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1997.

Attorney(s) appearing for the Case

Ratiner & Glinn; Arnold R. Ginsberg and Todd R. Schwartz, Miami, for appellant.

Kubicki, Draper and Angela C. Flowers, Miami, for appellee.

Before NESBITT, JORGENSON and SHEVIN, JJ.

PER CURIAM.

We reverse the summary judgment entered in favor of driver John Joseph Hupert, defendant below, in this vehicle collision case. Because discovery was still pending, the trial court should not have entertained a motion for summary judgment until such discovery was concluded. Brandauer v. Publix Super Markets, Inc., 657 So.2d 932, 933 (Fla. 2d DCA 1995); Sica v. Sam Caliendo Design, Inc.,

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