TARMAC AMERICA, LLC D/B/A TARMAC, APPELLANT,

v.

RENATA AVILA, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CLAUDIA AVILA ON BEHALF OF FERNANDA AVILA, CICERO AVILA AND RENATA AVILA, SURVIVORS, APPELLEES

Citator

Cited By

• Shiloh Toler and Troy Toler v. Bank OF Am., 78 So. 3d 699 (Fla. 4th DCA 2012)
  …ed contractual condition precedent); Verizzo v. Bank of New York, 28 So. 3d 976 (Fla. 2d DCA 2010) (reversing summary judgment of foreclosure where defendant had raised material factual issue concerning plaintiffs standing); Howell v. Ed Bebb, Inc., 35 So. 3d 167 (Fla. 2d DCA 2010) (reversing summary judgment prior to filing of an answer where defendant had raised material issues at the summaiy judgment hearing). The principle those cases stand for — a plaintiff moving for summary judgment before an answer a…
• Vasiliy Goncharuk & Marina Goncharuk v. HSBC Mortg. Servs., Inc., 62 So. 3d 680 (Fla. 2d DCA 2011)
  …issues of material fact if the defendant were permitted to answer the complaint.” Sandoro, 55 So. 3d at 782 (quoting BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-Jacques, 28 So. 3d 936, 938 (Fla. 2d DCA 2010)). See also Howell v. Ed Bebb, Inc., 35 So. 3d 167, 168 (Fla. 2d DCA 2010); Brakefield v. CIT Group/Consumer Fin., Inc., 787 So. 2d 115, 116 (Fla. 2d DCA 2001). The plaintiff must essentially anticipate the content of the defendant’s answer and establish that the record would have no genuine issue…
• Getman v. Tracey Constr., Inc., 62 So. 3d 1289 (Fla. 2d DCA 2011)
  …the standard to establish entitlement to summary judgment requires the plaintiff to establish that ‘the defendant could not raise any genuine issues of material fact if the defendant were permitted to answer the complaint.’” Howell v. Ed Bebb, Inc., 35 So. 3d 167, 168-69 (Fla. 2d DCA 2010) (quoting BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-Jacques, 28 So. 3d 936, 938 (Fla. 2d DCA 2010)). The standard is extremely high and the plaintiff’s burden is extremely heavy. See W. Fla. Cmty. Builders, Inc. v. Mi…

Authorities Cited

• Dean v. Rutherford Mulhall, P.A., 16 So. 3d 284 (Fla. 4th DCA 2009)