PEDRO TAYLOR, APPELLANT,
v.
FLORIDA CITY, A MUNICIPAL CORPORATION, ET AL., APPELLEES
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Appellant Taylor appealed a summary judgment dismissing his complaint against Florida City and other defendants for alleged verbal abuse and physical assault at a city commission meeting. The court found that genuine issues of material fact existed and reversed the summary judgment against most defendants, though affirming it as to defendant Shriver.
The summary judgment was improper as to all defendants except R. S. Shriver because genuine issues of material fact existed based on the conflicting affidavits, precluding summary judgment as a matter of law.
[1] A summary judgment is improperly granted when affidavits filed in opposition to the motion controvert material facts set forth in the moving party's affidavits, thereby c…
[2] Summary judgment is appropriate only when the moving party demonstrates that no genuine issue as to any material fact exists and that the moving party is entitled to judg…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is our opinion that these affidavits, except as to appellee R. S. Shriver, create genuine issues of material facts in regard to appellant's complaint.”
The court's determination that genuine issues of material fact existed, which precluded summary judgment.
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Join FLexlaw to unlock all legal intelligenceOn December 28, 1971, during a Florida City Commission meeting, appellant Taylor alleged he was verbally abused and physically assaulted by appellees,…
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PER CURIAM.
Appellant, plaintiff in the trial court, appeals an adverse summary final judgment entered in favor of appellees, defendants in the trial court.
Appellant filed a complaint against appellees alleging that on December 28, 1971, during his attendance at a Florida City Commission meeting he was verbally abused and physically assaulted by appel-lees, and as a result incurred damages. Subsequently, appellees moved for summary judgment against the complaint, and on January 15, 1975, the trial court entered summary final judgment in their favor. In support of their motion for summary judgment, appellees filed several affidavits setting forth material facts in regard to the issues raised by the complaint. In opposition to appellees’ motion, appellant likewise filed several affidavits which, we feel from our reading of the record, controvert the facts set forth in appellees’ affidavits. It is our opinion that these affidavits, except as to appellee R. S. Shriver, create genuine issues of material facts in regard to appellant’s complaint.
Rule 1.510(e), Florida Rules of Civil Procedure, F.S.A., provides for the granting of summary judgment if the pleadings, depositions, answers to interrogatories and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In the case sub judice, since we have found that issues of material facts were raised by the affidavits of appellant and appellees, it follows that the summary final judgment appealed, except as to Shriver, was incorrectly granted. Reed v. Jim Moran Pontiac, Inc., Fla.App. 1974, 292 So. 2d 392; Smith v. Quinn, Fla. App.1974, 291 So. 2d 264; Moore v. School Board, Fla.App.1974, 291 So. 2d 244; and 30 Fla.Jur., Summary Judgment § 11.
We have considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law, and have concluded that reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the summary final judgment appealed is affirmed as to appellee R. S. Shriver and reversed as to all other named appellees.
Affirmed in part, reversed in part.
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Cited By
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City of Sweetwater v. Lopez, 245 So. 3d 863 (Fla. 3d DCA 2018)…he parties’ respective positions created a genuine issue of material fact, and therefore the trial court erred in entering judgment in favor of Mayor Lopez on this claim. Holl v. Talcott, 191 So. 2d 40, 43-45 (Fla. 1966); Taylor v. Florida City, 322 So. 2d 35 (Fla. 3d DCA 1975). We reverse the final summary judgment entered in favor of Mayor Lopez as to the 2015-16 Final Budget and remand for further proceedings, 2. Summary judgment in favor of Mayor Lopez challenging the validity of the City’s Commis…
Authorities Cited
- Moore v. The Sch. Bd. OF Pinellas Cnty., 291 So. 2d 244 (Fla. 2d DCA 1974)
- Chauncey D. Smith and Virginia Smith v. Quinn, 291 So. 2d 264 (Fla. 4th DCA 1974)
- Reed v. JIM Moran Pontiac, Inc., 292 So. 2d 392 (Fla. 4th DCA 1974)
- John Madden and wife v. Parker, 292 So. 2d 392 (Fla. 1st DCA 1974)