ROLANDO ANDRADE
v.
SHELL OIL COMPANY, AND SHELL OIL COMPANY/ESIS ETC.

Fla. 1st DCA | 2018-03-06
No. 17-2221
Espinosa, Howard, Staring
242 So. 3d 341 Florida District Court of Appeal, First District (2018)

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Holding

Summary judgment was improper because genuine issues of material fact precluded judgment as a matter of law.


Headnotes

[1] Summary judgment is improper when any genuine issue of material fact exists regarding an element of the plaintiff's claim, requiring denial of the motion and proceeding t…

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Facts & Procedural History

Rolando Andrade brought a claim against Shell Oil Company and its insurance carrier ESIS. The trial court granted Shell Oil and ESIS's motion for summ…

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Opinion of the Court

ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Erik B. Grindal of Law Office of Erik B. Grindal, Miami, Mark A. Touby of Touby, Chait & Sicking, P.L., Coral Gables, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant. John E. McLain, III, and Elise J. Geibel of Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A., Orlando, for Appellees.


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