DIAZ
v.
CASINO CAFÉ
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Summary judgment was properly granted where no genuine issue of material fact existed and the moving party was entitled to relief as a matter of law.
[1] Summary judgment is appropriate where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law, as tested by the sufficien…
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Join FLexlaw to unlock all legal intelligence“Summary judgment is designed to test the sufficiency of the evidence to determine if there is sufficient evidence at issue to justify a trial or formal hearing on the issues raised in the pleadings, and summary judgment is appropriate where, as a matter of law, it is apparent from the pleadings, depositions, affidavits, or other evidence that there is no genuine issue of material fact and the moving party is entitled to relief as a matter of law.”
Court's statement of the summary judgment standard
Adria Diaz appealed a trial court's order granting final summary judgment in favor of Casino Café, Inc. in a case brought by Diaz against the café.…
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Opinion filed January 2, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-2004 Lower Tribunal No. 14-21382 ________________ Adria Diaz, Appellant, vs. Casino Café, Inc., etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Monica Gordo, Judge. Adria Diaz, in proper person. Johnson Law Group, and Jeffrey W. Johnson and Michael E. Wargo (Boca Raton), for appellee. Before LOGUE, SCALES, and LUCK, JJ. PER CURIAM.
The appellant seeks review of the trial court’s order granting final summary judgment in favor of the appellee. “Summary judgment is designed to test the sufficiency of the evidence to determine if there is sufficient evidence at issue to justify a trial or formal hearing on the issues raised in the pleadings, and summary judgment is appropriate where, as a matter of law, it is apparent from the pleadings, depositions, affidavits, or other evidence that there is no genuine issue of material fact and the moving party is entitled to relief as a matter of law.” Fla. Bar v. Greene, 926 So. 2d 1195, 1200 (Fla. 2006). Given the record before us, there was no genuine issue of material fact and the appellee was entitled to relief as a matter of law. Id.;
See Sokoloff v. Oceania I Condo. Ass’n, Inc., 201 So. 3d 664, 664–65 (Fla. 3d DCA 2016).
Affirmed.
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Citator
Cited By
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Mobley v. Homestead Hosp., Inc., 291 So. 3d 987 (Fla. 3d DCA 2019)
Authorities Cited
- THE Florida BAR v. Greene, 926 So. 2d 1195 (Fla. 2006)
- Sokoloff v. Oceania I Condo. Ass'n, Inc., 201 So. 3d 664 (Fla. 3d DCA 2016)