KENNETH DETZNER, APPELLANT,
v.
TALLAHASSEE-LEON COUNTY PLANNING COMMISSION AND THE CITY COMMISSION OF THE CITY OF TALLAHASSEE, APPELLEES

Fla. 1st DCA | 1991-02-06
No. 90-1420
ERVIN and NIMMONS, JJ., concur., ZEHMER, J., specially concurs with written opinion.
574 So. 2d 264 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

ERVIN and NIMMONS, JJ., concur. ZEHMER, J., specially concurs with written opinion.

Concurrence
ZEHMER, Judge

ZEHMER, Judge

(specially concurring)

I concur in affirmance only because it has not been shown that the appellant in fact relied on the deficient notices to his detriment.


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  • Bryson v. Branch Banking & Tr. Co., 75 So. 3d 783 (Fla. 2d DCA 2011)
    …were insufficient for summary judgment purposes because only competent evidence may be considered in ruling on a motion for summary judgment. Daeda v. Blue Cross & Blue Shield of Fla., Inc., 698 So. 2d 617, 618 (Fla. 2d DCA 1997); Tunnell v. Hicks, 574 So. 2d 264, 266 (Fla. 1st DCA 1991) (explaining that court could not consider certain documents in its summary judgment decision because “Tunnell failed to attach either document to affidavits that presumably would have ensured their admissibility”). At the s…
  • F.E. Booker v. Sarasota, Inc., 707 So. 2d 886 (Fla. 1st DCA 1998)
    …an amended complaint. A Florida court may not consider an unauthenticated document in ruling on a motion for summary judgment, even where it appears that the such document, if properly authenticated, may have been dispositive. See Tunnell v. Hicks, 574 So. 2d 264, 266 (Fla. 1st DCA 1991). Because Sarasota, Inc. failed to establish its status as legal owner and holder of the note, or to establish the assignment from the FDIC, the trial court acted prematurely in basing its ruling on D’Oench. REVERSED and REM…
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    …cate that the appellee might be entitled to summary judgment, it is not necessary for us to decide that question because the material was not properly authenticated and without it a material issue of fact remains to be decided. See Tunnell v. Hicks, 574 So. 2d 264 (Fla. 1st DCA 1991). The documentation concerning the appellant’s social security disability claim would not be admissible at trial because it was not properly authenticated. Therefore, the trial court could not properly consider that information i…

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