Mansfield, Bronstein & Stone LLP wins 3rd DCA appeal that provides vital guidance on discovery and summary judgment

Jessica Shein By May 20, 2026 Posted in News Share

Robert J. Mansen and Gary N. Mansfield

MIAMI / May 20, 2026 / Mansfield, Bronstein & Stone LLP has won a significant appeal before the Third District Court of Appeal of Florida. The court’s opinion, which affirmed a summary judgment entered in favor of the Firm’s client, serves as a critical lesson for both plaintiff and defense attorneys across the state. Arising from a Condominium Association’s (Association) claim against a unit owner for water intrusion damages, the uncompromising opinion underscores the absolute necessity for litigants to diligently pursue discovery.

Arguing on behalf of the Association, law firm Partners Robert J. Mansen, Gary N. Mansfield, David Stone and Ronnie Bronstein contended that the defendants failed to diligently pursue discovery and that their lack of diligence was not a basis for delaying or denying their client’s Motion for Summary Judgment.

“The lesson here is that attorneys must take action at the onset of a case and ensure that they obtain the discovery their client needs, especially in the event they have to respond to a Motion for Summary Judgment; without doing so, the respondent risks the entry of an adverse judgment,” Mansen said.

The Appellate Court wrote in its opinion that “Litigants bear an affirmative obligation to advance their cases and resolve discovery disputes. They must use the tools available to them under the Florida Rules of Civil Procedure. One cannot simply sit on his or her hands and expect a stalemate to last forever.”

Litigation began in 2018 when the Association sued two owners of a unit for repair costs after their housekeeper left a sink faucet running and unattended. Eight years later, and after two separate appeals, the Third District Court of Appeal ruled that the defendants had failed to demonstrate that the trial court erred by entering Summary Judgment in the Association’s favor.

“The Court has made it clear that passive litigation is no longer an option; every attorney, regardless of the practice area, must execute diligent, proactive discovery from day one, or risk immediate Summary Judgment,” said Managing Partner Mansfield. “While this specific dispute arose from a Condominium Association matter, the Third District Court of Appeal’s ruling carries profound implications that stretch far beyond these lines. This is now part of a definitive playbook for each and every litigation matter in Florida.”

Read the opinion here: https://flcourts-media.flcourts.gov/content/download/2486596/opinion/Opinion_2025-0595.pdf