RUBY LAMPMAN, APPELLANT,
v.
CITY OF NORTH MIAMI, A MUNICIPAL CORPORATION, AND DANIEL DECICCO, APPELLEES

Fla. 3d DCA | 1968-04-23
No. 67-557
Before CHARLES CARROLL, C. J., and PEARSON and HENDRY, JJ.
209 So. 2d 273 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 30 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff below appeals an order granting summary final judgment in favor of the defendants. We find this case to be closely analogous to the case of Visingardi v. Tirone, Fla.1966, 193 So.2d 601. It is the burden of a party moving for summary judgment to show conclusively that no material issues remain for trial. Plaintiff must, of course, prove the elements of her cause of action, but she need not do so until trial. To require her to prove her case in order to successfully oppose a motion for summary judgment imposes a burden upon plaintiff that is neither contemplated nor justified under the cases and rules of procedure. Therefore, the order appealed must be reversed.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (15 total)

  • Williams v. Fla. Realty & Mgmt. Co., 272 So. 2d 176 (Fla. 3d DCA 1973)
    …, or the record even raises the slightest doubt in this regard, the summary final judgment must be reversed. See Visingardi v. Tirone, Fla. 1966, 193 So. 2d 601; Holl v. Talcott, Fla.1966, 191 So. 2d 40; Lampman v. City of North Miami, Fla.App.1968, 209 So. 2d 273. Before entering summary judgment, the trial court considered the following discovery items: (1) the deposition of the appellant, (2) the deposition of the manager, and, (3) the affidavit of an officer of the appellee “[t]hat Florida Realty & Manag…
  • Coudry v. City OF Titusville, 438 So. 2d 197 (Fla. 5th DCA 1983)
    …339 So. 2d 698 (Fla. 3d DCA 1976); Keyes Co. v. Executive Center, Inc., 311 So. 2d 734 (Fla. 3d DCA 1975); Watier v. REW Crane Service, Inc., 240 So. 2d 177 (Fla. 4th DCA 1970), amended in other respects, 257 So. 2d 249 (Fla.1971); McClendon v. Key, 209 So. 2d 273 (Fla. 4th DCA 1968). . See Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla. 3d DCA 1976); Florida Air Conditioners, Inc. v. Colonial Supply Co., 390 So. 2d 174 (Fla. 5th DCA 1980).…
  • Bernard Marko & Assocs., Inc. v. Morton Steele and Lester Segerman, 230 So. 2d 42 (Fla. 3d DCA 1970)
    …to amend his complaint if during the hearing on a motion for summary judgment evidence is offered which reveals the plaintiff has misstated his position. Hart Properties, Inc. v. Slack, Fla. 1959, 159 So. 2d 236, 240; McClendon v. Key, Fla.App.1968, 209 So. 2d 273, 277. However in the present case no party offered such evidence. The court therefore properly entered summary judgment for the appellees without granting the appellant leave to amend its complaint. The appellant has presented an additional point u…

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