Cases

Per Curiam. Affirmed. Concurring in part and dissenting in part.  Opinion related to workers' compensation immunity and intentional torts exception.  See Section 440.11(1)(b), Florida Statutes.

Opinion stated that it was error to enter summary judgment in favor of defendant employer while important discovery was still pending.  Discovery had been delayed because of the fact that the defendant employer had filed for bankruptcy and the plant records and machinery had been sold to a third party who in turn resold it to another party.  Many of the corporate records could not otherwise be obtained.  Where discovery is not complete, the facts are not sufficiently developed to enable the trial court to determine whether genuine issues of material fact exist.  Summary judgment is premature where there has been insufficient time for discovery or where a party through no fault of his own has not yet completed discovery.