MARIA GONZALEZ FERNANDEZ
v.
DOLPHINS CYCLING CHALLENGE, INC., ETC., ET AL.
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Summary judgment was properly granted where the plaintiff failed to come forward with evidentiary material demonstrating a genuine issue of fact as to an element necessary to prevail at trial.
[1] Where the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate an absence of evidence to support the nonmovin…
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Join FLexlaw to unlock all legal intelligence“where the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate an absence of evidence to support the nonmoving party's case. Once the moving party satisfies this burden, 'it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial'”
Court's explanation of summary judgment standard under Rich v. Narog
Maria Gonzalez Fernandez appealed a summary judgment entered in favor of Dolphins Cycling Challenge, Inc. and other defendants in a case arising from …
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Third District Court of Appeal State of Florida
Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1801 Lower Tribunal No. 23-22834-CA-01 ________________
Maria Gonzalez Fernandez, Appellant,
vs.
Dolphins Cycling Challenge, Inc., etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Joseph Perkins, Judge.
Gerson & Schwartz, P.A., and Edward S. Schwartz and Philip M. Gerson, for appellant.
Kennedys CMK LLP, and Jedidiah Vander Klok, Alexander J. Fumagali, Sneh I. Patel, and Audrey Franklin, for appellees.
Before SCALES, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022) (explaining that, where the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate an absence of evidence to support the nonmoving party’s case. Once the moving party satisfies this burden, “it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial”); Ibarra v. Ross Dress for Less, Inc., 350 So. 3d 465, 467 (Fla. 3d DCA 2022) (citing Florida Rule of Civil Procedure 1.510(a) and holding that summary judgment will be granted where the “movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law”); Massage Envy Franchising, LLC v. Doe, 339 So. 3d 481, 484 (Fla. 5th DCA 2022) (“[A] clickwrap agreement occurs when a website directs a purchaser or user to the terms and conditions of the sale and requires the user to click a box to acknowledge that they have read those terms and conditions. These agreements are generally enforceable.”) (citation omitted); see generally Miami Dolphins, Ltd. v. Engwiller, 410 So. 3d 685 (Fla. 3d DCA 2025).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Delmarie Donald v. Mrylene Barrera, 350 So. 3d 465 (Fla. 3d DCA 2023)
- Rich v. Narog, 366 So. 3d 1111 (Fla. 3d DCA 2022)