ALFRE MARBLE CORP., AND PABLO MEZA CORP., APPELLANTS,
v.
TWIN STONE DESIGNS & INSTALLATIONS, INC., APPELLEE
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Alfre Marble Corp. and Pablo Meza Corp. appealed a summary judgment in favor of Twin Stone Designs & Installations, Inc. regarding unpaid withheld funds for flooring services. The court reversed, finding genuine issues of material fact existed regarding whether production of a final certificate of occupancy was a contractual condition precedent to payment.
The trial court improperly granted summary judgment because genuine issues of material fact existed. Twin Stone failed to demonstrate that the contracts required Alfre and Meza to produce final certificates of occupancy as a condition precedent to payment, and the record did not establish any such requirement by affidavit or other evidence.
[1] A party moving for summary judgment bears the burden to demonstrate that the facts show the non-moving party cannot prevail.
[2] Summary judgment is improper if the record reflects the existence of any genuine issue of material fact, the possibility of any issue, or raises even the slightest doubt…
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Join FLexlaw to unlock all legal intelligence“to demonstrate that the facts show that the party moved against cannot prevail”
Establishes the heavy burden movants bear on summary judgment motions
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Join FLexlaw to unlock all legal intelligenceAlfre and Meza entered into separate oral contracts with Twin Stone to provide flooring services at the Trump Royale Sunny Isles Condominium project. …
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The appellants, Alfre Marble Corp. (“Alfre”) and Pablo Meza Corp. (“Meza”), appeal an order of the trial court entering final summary judgment in favor of the appellee, Twin Stone Designs & Installations, Inc. (“Twin Stone”). Because genuine issues of material fact exist, we reverse.
Alfre and Meza entered into separate, oral contracts to provide flooring services to Twin Stone at the Trump Royale Sunny Isles Condominium (“Trump Royale”) project. All parties agree that under the contract, Twin Stone would withhold ten percent of the payment, per condominium unit, for any detail repairs (also known as “punch-out work”) which needed to be done after the inspection of the condominium units. Alfre and Meza subsequently filed a complaint for breach of contract alleging that they fully performed their obligations under the contract, and that Twin Stone failed to pay them the withheld funds when the Trump Royale project was completed.
Twin Stone subsequently filed a motion for summary judgment and argued that a pre-condition for payment of the withheld ten percent was the issuance of a final certificate of occupancy for each of the units. Twin Stone asserted that because Alfre and Meza had no knowledge concerning whether the final certificates of occupancy had been issued for the units, and *194also failed to produce any final certificates of occupancy for any of the units at issue, it was entitled to final summary judgment as a matter of law. After a hearing, the trial court agreed and entered final summary judgment in favor of Twin Stone.
It is well established that on a motion for summary judgment, the movant has the burden “to demonstrate that the facts show that the party moved against cannot prevail.” Fla. E. Coast Ry. Co. v. Metro. Dade County, 438 So.2d 978, 980 (Fla. 3d DCA 1983). Accord Shaw v. Tampa Elec. Co., 949 So.2d 1066, 1069 (Fla. 2d DCA 2007) (“The moving party carries the heavy burden of showing conclusively that the nonmoving party cannot prevail.”). Moreover, “[i]f the record reflects the existence of any genuine issue of material fact or the possibility of any issue, or if the record raises even the slightest doubt that an issue might exist, summary judgment is improper.” Holland v. Verheul, 583 So.2d 788, 789 (Fla. 2d DCA 1991).
Here, Twin Stone failed in its burden to prove the absence of a genuine issue of material fact concerning Alfre and Meza’s entitlement to payment of the withheld funds. Specifically, the record does not reflect that the contracts require Alfre and Meza to produce a final certificate of occupancy for each unit as a condition precedent to payment of the withheld funds, nor did Twin Stone establish, by affidavit or otherwise, some other basis for that requirement. Moreover, Twin Stone does not dispute that Trump Royale is open and occupied. Accordingly, we reverse the final summary judgment entered below in favor of Twin Stone and remand for further proceedings.
Reversed and remanded.
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Garcia v. First Cmty. Ins. Co., 241 So. 3d 254 (Fla. 3d DCA 2018)…t is well established that on a motion for summary judgment, the movant has the burden ‘to demonstrate that the facts show that the party moved against cannot prevail.’” Afre Marble Corp. v. Twin Stone Designs & ---PAGE 6--- Installations, Inc., 44 So. 3d 193, 194 (Fla. 3d DCA 2010) (quoting Fla. E. Coast Ry. Co. v. Metro. Dade County, 438 So. 2d 978, 980 (Fla. 3d DCA 1983)). Once the movant establishes that there are no genuine issues of material fact, “‘the opposing party must come forward with cou…
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Abundant Living Citi Church, Inc. v. Abundant Living Ministries, Inc., 213 So. 3d 1055 (Fla. 3d DCA 2017)…To be entitled to a summary judgment, Owner, as the movant, had the burden to identify in its motion those record facts that conclusively proved its claim and disproved Church’s claims. Alfre Marble Corp. v. Twin Stone Designs & Installations, Inc., 44 So. 3d 193, 194 (Fla. 3d DCA 2010). Rule 1.510(c) requires summary judgment motions specifically to identify the summary judgment evidence upon which the movant relies. Owner’s motion identifies no record evidence whatsoever; it merely alleges, in conclusory m…
Authorities Cited
- Holland v. Gustav Verheul and Elizabeth Verheul, 583 So. 2d 788 (Fla. 2d DCA 1991)
- Shaw v. Tampa Elec. Co., 949 So. 2d 1066 (Fla. 2d DCA 2007)
- Fla. E. Coast Ry. Co. v. Metro. Dade Cnty., 438 So. 2d 978 (Fla. 3d DCA 1983)