ORFINGER, J.
Dora Harper appeals an adverse summary judgment in favor of Wal-Mart Stores East, L.P. Harper argues that the trial court erred by entering the summary judgment because discovery was still ongoing and material issues of fact existed. We agree that summary judgment was prematurely entered and reverse.
Harper fell at a Wal-Mart store, and subsequently brought a suit against Wal-Mart. After Harper's suit against Wal-Mart had been pending for just over one year, Wal-Mart filed a motion for summary judgment supported by two affidavits. Harper deposed the two affiants. Shortly thereafter, Wal-Mart withdrew one of the affidavits because, as was shown at the deposition, the affiant had no relevant personal knowledge of the issues in dispute. Wal-Mart then filed a new affidavit from a witness to the incident who was employed by a Wal-Mart contractor. Wal-Mart had earlier disclosed that a Wal-Mart contractor's employee might have witnessed the incident, but did not reveal the witness's identity until it filed its motion for summary judgment, supplemented later by the new affidavit. Harper's counsel promptly attempted to arrange the deposition of the newly-disclosed witness and told Wal-Mart's attorney that he would seek to continue the summary judgment hearing if the deposition could not be arranged. The deposition could not be arranged at a mutually convenient time and, as promised, Harper's counsel filed a motion to continue the hearing. The court denied the motion without elaboration.
The question before us is whether the trial court abused its discretion by denying Harper's motion to continue the summary judgment hearing in order to allow Harper to depose the newly-disclosed witness. A trial court's decision to grant a continuance of a summary judgment hearing is discretionary. However, that discretion is tempered if discovery is not completed and is necessary for the disposition of the case.
REVERSED and REMANDED.
GRIFFIN and BERGER, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.