Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
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Giroux v. Ronald W. Williams Construction Company, Inc.
23 FLW D348
In wrongful discharge action, plaintiff filed a motion
for continuance of a summary judgment hearing pursuant
to Florida Rule of Civil Procedure 1.510(f). Court
determined that lower court abused its discretion in
refusing to grant the motion for continuance. In order
to obtain a continuance, the party seeking such has the
burden of showing, by affidavit, the existence and
availability of additional needed evidence, its
relevance, the efforts taken to produce it, and that
any failure to do so is not the result of the movants
inexcusable delay. In this case, plaintiff's attorney
filed an affidavit demonstrating his inability to
complete discovery, his efforts to accomplish discovery
and that failure to complete discovery was not due to
inaction on his part but rather to the conduct of
defendants in failing to file answers to
interrogatories. Plaintiff in this instance should
have had a reasonable opportunity to conduct discovery.
Dissenting opinion.
