Burden Of Proof In Summary Judgment

673 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Clark v. Coats & Clark, Inc.
  929 F.2d 604· 11th Cir.· 1991-04-19 ·cited 518×
  The district court improperly construed summary judgment law by misapplying Celotex, failing to assess the movant's initial burden.
• Irving W. Landers et ux. v. Adelle L. Milton
  370 So. 2d 368· Fla.· 1979-04-19 ·cited 387×
  The court held that once a defendant moving for summary judgment demonstrates the statute of limitations has expired on the face of the pleadings, the plaintiff must provide competent evidence to show the statute was tolled.
• McLEAN v. JP Morgan Chase Bank Nat'l Ass'n
  79 So. 3d 170· Fla. 4th DCA· 2012-02-08 ·cited 291×
  Robert McLean appeals a summary judgment foreclosure entered against him by JP Morgan Chase Bank. The court reverses, holding that Chase failed to establish it had standing to foreclose at the time the complaint was filed, as the mortgage assignment and note endorsement occurred
• Visingardi v. Tirone
  193 So. 2d 601· Fla.· 1966-11-23 ·cited 192×
  In a wrongful death action arising from a patient's death following gynecological surgery, the Florida Supreme Court reversed summary judgment against the plaintiff, holding that a trial court improperly struck an expert affidavit opposing summary judgment by applying the plainti
• Harvey Bldg., Inc. v. Ocie M. Haley
  175 So. 2d 780· Fla.· 1965-06-02 ·cited 125×
  Harvey Building, Inc. seeks review of a District Court reversal of summary judgment in a premises liability case where an invitee slipped on a wet marble floor. The Florida Supreme Court clarifies the standards for granting summary judgment motions, holding that while a movant mu
• Smith v. Leman Hudson
  600 F.2d 60· 6th Cir.· 1979-06-21 ·cited 113×
  The court held that the district court erred in granting summary judgment without considering all properly filed discovery materials, even without a timely response from the non-moving party. The court also found the notice of appeal was timely filed.
• Boazman v. Econ. Lab., Inc.
  537 F.2d 210· 5th Cir.· 1976-08-20 ·cited 103×
  The court held that dismissal for want of prosecution, even without prejudice, is reversible error when the statute of limitations may bar refiling and the conduct was not contumacious, and that summary judgment cannot be granted solely for failure to respond without the movant m
• Albelo v. S. Bell k/n/a Bell S. Telecomms., Inc.
  682 So. 2d 1126· Fla. 4th DCA· 1996-10-09 ·cited 98×
  Gabriel and Patricia Albelo appealed a summary judgment for Southern Bell after Gabriel was injured by a dumpster falling into an uncovered trench containing Southern Bell cable. The court reversed, finding genuine issues of material fact regarding whether Southern Bell employees
• British Airways Bd. v. The Boeing Co.
  585 F.2d 946· 9th Cir.· 1978-11-08 ·cited 94×
  The court held that summary judgment for the defendant was appropriate because the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the cause of the aircraft crash, and the plaintiff also failed to properly pursue discovery befo
• Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc.
  818 F.2d 1466· 9th Cir.· 1987-06-04 ·cited 93×
  The court held that summary judgment was appropriate because the dealers failed to show a genuine issue of fact regarding Franciscan's intent to defraud, and that denial of leave to amend was proper due to futility. However, the court reversed the award of Rule 11 sanctions again
• The Est. OF Naomi Githens v. BON Secours-Maria Manor Nursing Care Ctr., Inc.
  928 So. 2d 1272· Fla. 2d DCA· 2006-05-26 ·cited 79×
  The Estate of Naomi Githens appealed a summary judgment in favor of a nursing home, alleging negligence in the care that led to a fractured tibia and contributed to the resident's death. The court reversed, holding that the nursing home failed to meet its burden of proving the ab
• Martin Cnty. v. Edenfield
  609 So. 2d 27· Fla.· 1992-11-19 ·cited 65×
  Martin County sought review of a district court reversal of summary judgment in a Whistle-Blower's Act case. The Florida Supreme Court held that an employee who participated in the alleged wrongdoing is not categorically barred from whistle-blower protection, and that participati
• Griggs-Ryan v. Beulah Smith
  904 F.2d 112· 1st Cir.· 1990-06-08 ·cited 63×
  A party who is repeatedly warned that all incoming calls are being recorded and then proceeds to use the phone without qualification impliedly consents to the interception of those calls under Title III.
• Gossett v. Du-Ra-Kel Corp.
  569 F.2d 869· 5th Cir.· 1978-03-16 ·cited 60×
  Summary judgment was appropriate regarding the retail establishment exemption because the plaintiffs failed to raise a genuine issue of material fact. However, summary judgment was inappropriate regarding the laundry exception to the exemption, as the plaintiffs' affidavit raised
• Bryson v. Branch Banking & Tr. Co.
  75 So. 3d 783· Fla. 2d DCA· 2011-11-30 ·cited 59×
  Branch Banking and Trust Company sought foreclosure against James Bryson for non-payment of mortgage. The trial court granted summary judgment for the bank, but the appellate court reversed, holding that the bank failed to meet its burden of proving the homeowner received the not
• Guiseppe Servedio v. US Bank Nat'l Ass'n
  46 So. 3d 1105· Fla. 4th DCA· 2010-10-27 ·cited 59×
  This appeal addresses whether a mortgage lender seeking foreclosure must present the original promissory note to establish standing. The court reversed summary judgment for US Bank because it failed to file the original note with the court prior to judgment, creating a genuine is
• Fed. Deposit Ins. Corp. v. Meyer
  781 F.2d 1260· 7th Cir.· 1986-01-16 ·cited 58×
  The sale of the property moots the appeal of the foreclosure decree because the appellants failed to obtain a stay of enforcement. Margaret Meyer's appeal of the judgment on the guaranty is not moot, but her arguments regarding the sufficiency of the FDIC's affidavit were waived
• Solomon v. Houston Corrugated BOX Co., Inc.
  526 F.2d 389· 5th Cir.· 1976-01-26 ·cited 58×
  The court held that a unilateral refusal to deal, without evidence of an agreement or conspiracy, does not violate antitrust laws, and summary judgment was appropriate.
• Bifulco v. State Farm Mut. Auto. Ins. Co.
  693 So. 2d 707· Fla. 4th DCA· 1997-05-21 ·cited 57×
  Lena Bifulco appeals a summary judgment in favor of State Farm denying her underinsured motorist insurance benefits. The Fourth District Court of Appeal reverses because State Farm failed to comply with Florida Rule of Civil Procedure 1.510(e) by attaching unsworn and uncertified
• Saratoga Vichy Spring Co., Inc. v. Orin Lehman
  625 F.2d 1037· 2d Cir.· 1980-06-05 ·cited 57×
  The dissenting judge holds that the district court improperly granted summary judgment on claims of false designation of origin, unfair competition, and dilution, as genuine issues of material fact remain regarding abandonment and laches.
• Craven v. Trg-Boynton Beach, Ltd.
  925 So. 2d 476· Fla. 4th DCA· 2006-04-19 ·cited 56×
  Lessees of an ice cream shop appealed a summary judgment dismissing their breach of lease claim against the new owner of a marina development project. The court reversed the summary judgment on damages, finding genuine factual disputes about whether the redesigned project would a
• Emile v. First Nat'l Bank OF Miami
  126 So. 2d 305· Fla. 3d DCA· 1961-01-26 ·cited 55×
  First National Bank of Miami sued Emile to collect on a defaulted conditional sales contract. The trial court granted summary judgment to the bank despite the defendant having viable affirmative defenses and a set-off on file, because the bank failed to submit evidence addressing
• Page v. Staley
  226 So. 2d 129· Fla. 4th DCA· 1969-08-29 ·cited 53×
  In a slander suit, the trial court granted summary judgment for the defendant after finding that the plaintiff's evidence consisted only of hearsay from a third party rather than personal knowledge of the alleged slanderous statements. The appellate court affirmed, holding that t
• Spradley v. Doctor Michael O. Stick & Hamilton Cnty. Mem'l Hosp.
  622 So. 2d 610· Fla. 1st DCA· 1993-08-12 ·cited 52×
  Glenn Spradley, an incarcerated patient, appealed the trial court's grant of summary judgment in his medical malpractice action against Hamilton County Memorial Hospital and Dr. Michael Stick for alleged negligent failure to remove a growth. The First District Court of Appeal rev
• Trevino O. Haynes v. L.F. Lloyd
  533 So. 2d 944· Fla. 5th DCA· 1988-11-23 ·cited 49×
  A child injured by falling from a tree and cutting himself on broken glass sued the apartment landlord for premises liability. The trial court granted summary judgment for the landlord, and the appellate court affirmed, holding that without evidence of how long the glass had been
• Benton-Volvo-Metairie, Inc. v. Volvo Sw., Inc.
  479 F.2d 135· 5th Cir.· 1973-06-07 ·cited 48×
  The court held that the district court erred in granting summary judgment without adequate findings or evidence, and that the defendant did not sufficiently demonstrate the absence of a genuine issue of material fact.
• Matarese v. Leesburg Elks Club
  171 So. 2d 606· Fla. 2d DCA· 1965-01-15 ·cited 48×
  In a slip-and-fall case arising from a dance floor accident, the court reversed a summary judgment granted against the plaintiff, holding that the defendant failed to meet its burden of proving there was no genuine issue of material fact and that judgment as a matter of law was w
• Pritchard v. Peppercorn & Peppercorn, Inc.
  96 So. 2d 769· Fla.· 1957-06-12 ·cited 48×
  In this automobile negligence death case, the Florida Supreme Court affirmed a summary judgment for the defendants, holding that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the truck driver's negligence. The court found
• Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp.
  273 So. 3d 1031· Fla. 3d DCA· 2019-03-13 ·cited 47×
  Homeowners appealed a summary judgment granted to their property insurer, Citizens, in a water damage claim where the insurer argued the roof leak resulted from normal wear and tear rather than a covered wind storm event. The court affirmed, finding the homeowners' expert affidav
• Marietta Goode v. Walt Disney World Co.
  425 So. 2d 1151· Fla. 5th DCA· 1982-12-22 ·cited 47×
  The court reversed a summary judgment in a wrongful death case involving a four-year-old who drowned in a moat at Walt Disney World. The trial court had found genuine issues of material fact regarding negligent design but granted summary judgment based on lack of evidence of caus
• Lucinda Stratton v. McQUEEN
  337 So. 2d 1024· Fla. 2d DCA· 1976-09-24 ·cited 46×
• Allen v. Scribner
  812 F.2d 426· 9th Cir.· 1987-03-05 ·cited 45×
  The court held that the plaintiff failed to present sufficient evidence to establish essential elements of his claims for demotion and harassment, thus summary judgment for the defendants was appropriate.
• Glynn Richard Davis v. United States
  642 F.2d 328· 9th Cir.· 1981-04-20 ·cited 44×
  The court held that the record did not support the majority's assertion that the appellant was aware of the vaccine as the likely cause of injury by a specific date.
• Forbes v. Wal-Mart Stores, Inc.
  595 F. Supp. 2d 1218· S.D. Fla.· 2019-09-19 ·cited 42×
  The court denied the plaintiffs' motion for reconsideration because the alleged new evidence was not newly discovered, the plaintiffs lacked due diligence, and the evidence would not likely change the outcome of the prior summary judgment.
• Allenby & Assocs., Inc. v. Crown "ST. Vincent" Ltd.
  8 So. 3d 1211· Fla. 4th DCA· 2009-04-29 ·cited 42×
  Allenby & Associates, a yacht broker, appealed a summary judgment in favor of Crown "St. Vincent" Ltd., the yacht owner, denying Allenby a commission on the vessel's sale. The court reversed, finding genuine issues of material fact remained regarding whether Allenby was the procu
• Mack v. Cape Elizabeth Sch. Bd.
  553 F.2d 720· 1st Cir.· 1977-04-25 ·cited 42×
  The court held that a probationary teacher's notice of intent to return did not create a property interest for procedural due process, but reversed summary judgment on the Title VII claim because the defendant's affidavits did not adequately address the specific reason for the pl
• Mejiah v. Olivio Rodriguez & Integon Indem. Corp.
  342 So. 2d 1066· Fla. 3d DCA· 1977-03-01 ·cited 42×
  Plaintiffs sued defendants for injuries from an automobile accident, alleging permanent injury under Florida's no-fault act. The trial court granted summary judgment for defendants based on a treating physician's deposition testimony that he had not yet determined permanent injur
• S. Rambler Sales, Inc. v. Am. Motors Corp. & Am. Motors Sales Corp.
  375 F.2d 932· 5th Cir.· 1967-04-10 ·cited 42×
  The court held that the trial court did not abuse its discretion in granting summary judgment because the plaintiff failed to conduct timely discovery and present specific facts demonstrating bad faith under the Automobile Dealers Day in Court Act.
• Darius DeMESME v. Sam E. Stephenson, Jr., M.D.
  498 So. 2d 673· Fla. 1st DCA· 1986-12-12 ·cited 41×
  The court held that the trial court did not err in granting summary judgment for the defendant because the plaintiff failed to present sufficient counter-evidence and did not meet the requirements for a continuance.
• Leon Barnes in Bankr. for Sterile Food Prods., Inc. v. Arden Mayfair, Inc.
  759 F.2d 676· 9th Cir.· 1985-04-15 ·cited 41×
  The court held that plaintiffs failed to present sufficient probative evidence to create a genuine issue of material fact regarding the defendant carrier's participation in an antitrust conspiracy, even when considering circumstantial evidence and the standard for summary judgmen
• Frost v. Regions Bank
  15 So. 3d 905· Fla. 4th DCA· 2009-08-05 ·cited 40×
  In a mortgage foreclosure action, the Florida Fourth District Court of Appeal reversed summary judgment for the lender because the lender failed to present evidence negating the borrowers' affirmative defense that the lender did not provide required notice of default and a reason
• McKINNEY v. Honorable Elizabeth Dole
  765 F.2d 1129· D.C. Cir.· 1985-07-02 ·cited 39×
  The court held that the plaintiff's complaint, when liberally construed, stated a claim for sex discrimination, but that summary judgment was appropriate on the reprisal claim due to a lack of causal connection.
• Settecasi v. Bd. OF Pub. Instruction OF Pinellas Cnty.
  156 So. 2d 652· Fla. 2d DCA· 1963-10-09 ·cited 38×
  The appellants, general contractors and their surety, appealed a summary judgment entered against them in favor of a materialman who supplied electrical equipment for a school construction project. The court reversed the summary judgment, holding that the plaintiff-movant failed
• Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC
  75 So. 3d 865· Fla. 2d DCA· 2011-12-21 ·cited 37×
  Land Development Services appealed a summary judgment granted in favor of Gulf View Townhomes in a foreclosure action. The trial court granted Gulf View's motion for summary judgment based on legally insufficient evidence and awarded relief—discharge of the mortgage—that Gulf Vie
• Bryant v. Lucky Stores, Inc.
  577 So. 2d 1347· Fla. 2d DCA· 1990-10-12 ·cited 37×
  A speed bump at a supermarket entrance presents a disputed question of fact regarding whether it constituted an unsafe condition relative to customer traffic patterns, precluding summary judgment even if the bump was visible, because the plaintiff's age and circumstances must be
• Arias v. State Farm Fire & Cas. Co. & Lysle E. Williams
  426 So. 2d 1136· Fla. 1st DCA· 1983-02-08 ·cited 37×
  Doris Arias was injured when a boat collided with a diving dock on Lake Hampton in Florida. The trial court granted summary judgment to the defendants, but the appellate court reversed, finding genuine issues of material fact regarding whether the defendant maintained control ove
• Croft v. York
  244 So. 2d 161· Fla. 1st DCA· 1971-01-19 ·cited 37×
  A widow sued Parke-Davis & Co. for wrongful death after her husband died from gas gangrene following an injection of adrenalin in oil. The trial court granted Parke-Davis summary judgment, but the appellate court reversed, holding that genuine issues of material fact remained—spe
• Livernois v. Med. Disposables, Inc.
  837 F.2d 1018· 11th Cir.· 1988-02-17 ·cited 36×
  A motion for reconsideration, if seeking to alter or amend a judgment, tolls the time for filing an appeal, and an at-will employee can recover accrued benefits under an oral contract.
• Lynch v. Adel D. Tennyson
  443 So. 2d 1017· Fla. 5th DCA· 1983-12-15 ·cited 36×
  In this rear-end collision case, the Florida District Court of Appeal reversed summary judgment against Lynch on the liability issue as to Tennyson, finding that contributory negligence questions must generally be decided by a jury. The court affirmed summary judgment against Lyn
• Fla. Power & Light Co. v. Allis Chalmers Corp.
  893 F.2d 1313· 11th Cir.· 1990-02-09 ·cited 35×
  The court held that the manufacturers of transformers containing PCB-contaminated oil were not liable under CERCLA for arranging for disposal, as the sale of a useful product, without more, does not constitute an arrangement for disposal. The court also held that the district cou