OLIVA'S HOME CORP.
v.
DECO TRUSS CO., INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Oliva's Home Corp. appeals a trial court's grant of final summary judgment in favor of Deco Truss Co., Inc. on claims of negligent misrepresentation and FDUTPA violations. The Third District Court of Appeal affirmed the summary judgment, finding the evidence presented by Oliva's was merely colorable and insufficient to create a genuine issue of material fact for trial.
The court affirmed summary judgment, holding that the evidence presented by Oliva's was insufficient to create a genuine issue of material fact, as it was merely colorable and not significantly probative to support a jury finding in Oliva's favor.
[1] Summary judgment is proper when the nonmovant's evidence is merely colorable or not significantly probative, and a scintilla of evidence is insufficient to defeat summary…
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Join FLexlaw to unlock all legal intelligence“If the evidence [presented by the nonmovant] is merely colorable, or is not significantly probative, summary judgment may be granted.”
Establishes the legal standard for granting summary judgment based on the quality of evidence presented by the non-moving party.
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Join FLexlaw to unlock all legal intelligenceOliva's Home Corp. filed a two-count complaint against Deco Truss Co., Inc. alleging negligent misrepresentation and violation of Florida's Deceptive …
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Opinion filed May1, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0642 Lower Tribunal No. 21-17934
________________
Oliva's Home Corp.,
Appellant,
vs.
Deco Truss Co., Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Lewis Brisbois Bisgaard & Smith, LLP, and Jeffrey R. Geldens and Janice Lopez, for appellant. Delgado Vega, PLLC, and Daniel R. Vega and Alyssa N. Delgado, for appellee. Before EMAS, SCALES and BOKOR, JJ. PER CURIAM.
Oliva’s Home Corp. (“Oliva’s”), the plaintiff below, appeals an order
granting final summary judgment1 in favor of Deco Truss Co., the defendant
below. Upon our de novo review, Volusia Cnty. v. Aberdeen at Ormond
Beach, L.P., 760 So. 2d 126 (Fla. 2000), we find no error in the trial court’s
entry of final summary judgment. See Citizens Prop. Ins. Corp. v. Zamanillo,
49 Fla. L. Weekly D192, 2024 WL 172611 at *2 (Fla. 3d DCA Jan. 17, 2024)
(“If the evidence [presented by the nonmovant] is merely colorable, or is not
significantly probative, summary judgment may be granted.”) (quoting In re
Amends. to Fla. Rule of Civ. Proc. 1.510, 309 So. 3d 192, 193 (Fla. 2020)
(additional quotation omitted); see also Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 252 (1986)). (“The mere existence of a scintilla of evidence in
support of the plaintiff's position will be insufficient; there must be evidence
on which the jury could reasonably find for the plaintiff.”)
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986)
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- In re Amendments to Fla. Rule of Civil Procedure 1.510, 309 So. 3d 192 (Fla. 2020)
- Loraine Castellon v. Citizens Prop. Ins. Corp. (Fla. 3d DCA 2024)