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Demopulos v. Jackson6/21/2000
emopulos also had more than adequate opportunity for discovery. More than five years had passed since the alleged act of malpractice. The dispute had been pending since Demopulos filed his claim with the Patient's Compensation Fund in February 1995. Within the framework of a summary judgment motion, discovery need not be completed and a party may not rely upon his own delinquency in conducting that discovery to prevent a summary judgment. American Central Insurance Co. v. Hilman, 32,315 (La. App. 2d Cir. 09/22/99), 744 So. 2d 190. Demopulos clearly had adequate time to conduct some sort of discovery. While we agree that Demopulos's fourth attorney had very little time to prepare an opposition to the summary judgments, we find no abuse of discretion in denying a continuance to a party whose unpreparedness is due to his own unexplained delay in securing counsel. Cf. Fidelity Nat. Bank of Baton Rouge v. Coleman American Moving Services, Inc., 398 So. 2d 556 (La. App. 1st Cir. 1980).
Nor are we impressed with Demopulos's argument, raised for the first time on appeal, that he suffered prejudice in that defendants had not yet answered the interrogatories propounded with the original petition. Not only had Demopulos not pursued the answers to these interrogatories, but defense counsel explained that the information sought had already been procured during the medical review panel procedure.
Conclusion
Finding no error in the denial of Demopulos's motion for continuance and determining that the summary judgments were properly granted in favor of Dr. Knight and Dr. Marsala, we affirm the judgment below at Demopulos's costs.
AFFIRMED.
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