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Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense

On July 12, 2019, in Skydive Space Center v. Pohjolainen, No. 5D18-537, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendants in a civil suit alleging the defendants violated Florida’s Wiretap Statute, § 934.01, et. seq., Fla. Stat. (2015).  The trial court had granted the defense motion for summary judgment even though there were outstanding discovery demands to the defense for emails and a cloned hard drive from one of the defendants’ computers. Quoting from Osorto v. Deutsche Bank Nat’l. Tr. Co., 88 So. 3d 261, 263 (Fla. 4th DCA 2012), the Fifth DCA observed that “[w]here the information contained in outstanding discovery could create genuine issues of material fact, summary judgment [is] not . . . proper.” See also Colby v. Ellis, 562 So. 2d 356, 357 (Fla. 2d DCA 1990).

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