TERRY B. BUTTS, APPELLANT,
v.
DEWITT ROBERTS, APPELLEE
TERRY B. BUTTS, APPELLANT,
DEWITT ROBERTS, APPELLEE
713 So. 2d 1059
Florida District Court of Appeal, Third District (1998)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This appeal from an order denying a motion to dismiss under Florida Rule of Civil Procedure 1.070© is dismissed — and, alternatively, certiorari is denied — on the authority of Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997). Accord Hertz Claim Management Corp. v. Perry, 701 So. 2d 669 (Fla. 3d DCA 1997); Novella Land, Inc. v. Panama City Beach Office Park, Ltd., 662 So. 2d 743 (Fla. 1st DCA 1995); Khandjian v. Compagine Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993). Contra Mid-Florida, Associates, Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994); Comisky v. Rosen Management Service, Inc., 630 So. 2d 628 (Fla. 4th DCA 1994).
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cassady v. Moore, 737 So. 2d 1174 (Fla. 1st DCA 1999)…mmary judgment was granted in favor of the other side. The appellee demonstrated' conclusively that no genuine issue of material fact existed and that, on the undisputed facts, he was • entitled to judgment as a matter of law. Linton v. Gulf County, 713 So. 2d 1059 (Fla. 1st DCA 1998); Suwannee River Water Management District v. Price, 651 So. 2d 749 (Fla. 1st DCA 1995). At that point, the burden shifted to Cassa-dy, as the non-movant, to “come forward with counter-evidence sufficient to reveal a genuine issue…
Authorities Cited
- Berge O. Khandjian and Tuula Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993)
- Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
- Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997)
- Mid-Florida Assocs., Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994)
- Novella Land, Inc. v. Panama City Beach Off. Park, Ltd., 662 So. 2d 743 (Fla. 1st DCA 1995)
- State v. Friscia, 701 So. 2d 669 (Fla. 4th DCA 1997)