Burden Of Proof In Summary Judgment

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

• Brown v. Colonial Penn Ins. Co.
  666 So. 2d 226· Fla. 2d DCA· 1995-12-29 ·cited 1×
  Florida appellate court reversed summary judgment for insurance company denying uninsured motorist coverage because a material factual issue remained regarding whether the driver had the owner's permission to use the vehicle.
• S. Solvents, Inc. v. Canal Ins.
  81 F. Supp. 298· M.D. Fla.· 1995-07-28 ·cited 1×
  The court held that continuous leaching of pollutants, even if the initial discharge was sudden and accidental, is not covered under the "sudden and accidental" exception to the pollution exclusion clause because it lacks the required temporal brevity.
• Paasch v. City of Safety Harbor
  915 F. Supp. 315· M.D. Fla.· 1995-04-26 ·cited 1×
  The court held that the plaintiff's resignation was voluntary and not coerced, thus terminating the employer's obligations under the FMLA, and granted summary judgment for the employer.
• Burch v. Kibler
  643 So. 2d 1120· Fla. 4th DCA· 1994-09-09 ·cited 1×
  The court held that a partial summary judgment reforming a warranty deed was prematurely granted because the defendant had not yet filed an answer, and the movant did not conclusively demonstrate that no genuine issue of material fact could be raised.
• United States v. M/V Miss Beholden
  856 F. Supp. 668· S.D. Fla.· 1994-06-27 ·cited 1×
  The court held that the National Marine Sanctuaries Act imposes strict liability for damage to sanctuary resources, and the defendants are strictly liable for the grounding of their vessel on a protected reef.
• United States v. One Parcel of Real Estate
  831 F. Supp. 1578· S.D. Fla.· 1993-09-15 ·cited 1×
  The court held that a post-illegal act transferee with actual knowledge of the underlying criminal activity at the time of conveyance cannot claim innocent owner status, even if they did not consent to the original crime.
• McCorkle v. Life Gen. Sec. Ins. Co.
  830 F. Supp. 1446· M.D. Fla.· 1993-09-15 ·cited 1×
  An insurance company denied coverage for fibrocystic breast disease surgery under a pre-existing condition exclusion clause, and the court granted summary judgment for the insurer because the plaintiff's own medical evidence showed symptoms of the condition existed within the twe
• Bechhold v. Mariner Props., Inc.
  576 So. 2d 921· Fla. 2d DCA· 1991-03-27 ·cited 1×
  The court held that the record was inadequate to permit summary judgment in a private nuisance action because factual questions regarding the reasonableness of the use and the extent of the injury remained.
• Gaston Lemelin v. Gensler
  570 So. 2d 1131· Fla. 3d DCA· 1990-12-11 ·cited 1×
  A Florida appellate court reversed a summary judgment dismissing a negligent design claim as barred by the statute of limitations, holding that the defendant failed to meet its burden of proving all four triggering dates under the applicable statute.
• Kickliter v. Reale
  561 So. 2d 302· Fla. 2d DCA· 1990-01-17 ·cited 1×
  The court held that the moving party failed to demonstrate the absence of genuine issues of material fact, making summary judgment improper.
• Platte' v. Whitney Realty Co., Inc.
  538 So. 2d 1358· Fla. 1st DCA· 1989-02-28 ·cited 1×
  Don and Linda Platte appealed a summary judgment dismissing their claims against Whitney Realty for intentional interference with business relationships and libel. The court reversed the summary judgment, holding that the plaintiffs' inability to identify a specific prospective p
• Biodynamic Techs., Inc. v. Chattanooga Corp.
  658 F. Supp. 266· S.D. Fla.· 1987-04-23 ·cited 1×
  The court held that a fraud claim based on a promise of future performance requires evidence of intent not to perform at the time of the promise, beyond mere subsequent non-performance. The court also held that the established royalty method is the appropriate measure of damages
• DON MAR, Inc. v. Gillis
  483 So. 2d 870· Fla. 5th DCA· 1986-02-27 ·cited 1×
  Don Mar, Inc. appealed a summary judgment dismissing its complaint against a CPA on statute of limitations grounds. The court affirmed dismissal of counts one and three, which were barred by Florida's two-year statute of limitations, but reversed as to count two because the CPA f
• Stewart v. Gore
  314 So. 2d 10· Fla. 2d DCA· 1975-06-11 ·cited 1×
  In this promissory note collection action, the Florida District Court of Appeal reversed a summary judgment entered in favor of the estate representatives because they failed to affirmatively disprove or establish the legal insufficiency of the defendant's affirmative defenses re
• Mancino v. Nat'l Indus. Bank OF Miami
  312 So. 2d 211· Fla. 3d DCA· 1975-05-06 ·cited 1×
  A bank sought summary judgment against Don and Carmen Mancino on personal guaranty agreements for an unpaid loan. The court reversed the summary judgment, finding that the bank failed to present sufficient evidence to dispel the affirmative defenses of fraud in inducement and lac
• Laurence H. Grimes v. Holt
  225 So. 2d 566· Fla. 3d DCA· 1969-07-15 ·cited 1×
  A stock brokerage firm obtained summary judgment against a customer for conversion of securities and money had and received. The appellate court reversed, holding that genuine issues of material fact existed regarding the customer's affirmative defenses of accord and satisfaction
• Peerless Ins. Co. v. Hollywood Bank & Tr. Co.
  214 So. 2d 356· Fla. 2d DCA· 1968-09-20 ·cited 1×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact remained unresolved regarding the validity and enforceability of the mortgage.
• Caryle Warring and Donald L. Warring v. Winn-Dixie Stores, Inc.
  105 So. 2d 915· Fla. 3d DCA· 1958-10-28 ·cited 1×
  In this negligence action, the appellate court reversed a summary judgment granted to defendant Winn-Dixie, holding that the trial court erred in withdrawing a negligence issue from the jury when genuine issues of material fact remained regarding whether the plaintiff-patron was
• Colas v. Lexington Nat'l Ins. Corp.
  Fla. 3d DCA· 2026-05-13
  A party moving for summary judgment on statute of limitations grounds must conclusively show through record evidence that no genuine issue of fact exists regarding when the limitations period expired; bare assertions without supporting materials do not satisfy this burden.
• K & M Elec. Supply, Inc. v. Brown Elec. Solutions, LLC
  Fla. 4th DCA· 2026-04-01
  A notice of nonpayment is fraudulent under section 255.05(2)(a)2., Florida Statutes, when a claimant claims approximately $123,000 on a bond while only approximately $56,000 of materials were actually incorporated into the project, includes non-recoverable charges and items outsi
• James v. State
  Fla. 1st DCA· 2026-03-25
  The First District Court of Appeal affirmed an involuntary commitment order for a sexually violent predator. The court held that summary judgment is a permissible procedure in such cases and that the appellant failed to create a genuine issue of material fact to avoid summary jud
• Diaz v. Edi Korta, LLC
  S.D. Fla.· 2026-02-10
  The court adopted the Magistrate Judge's Report and Recommendation, overruling the plaintiffs' objections and granting in part and denying in part the plaintiffs' motion for summary judgment on the defendant's counterclaims.
• Reynolds v. Belk, Inc.
  Fla. 5th DCA· 2025-12-19
  Summary judgment for a store owner in a trip-and-fall case is improper when the evidence does not conclusively, clearly, and completely negate the plaintiff's sworn testimony that she was unaware of the hazard before the fall occurred. Video screenshots that fail to depict the ac
• Lima v. Star Van Sys., Inc.
  S.D. Fla.· 2025-11-24
  The court denied the motion for summary judgment, finding that genuine disputes of material fact exist regarding causation and the permanency of the plaintiff's injuries.
• Rotech Healthcare Inc. v. Carmichael
  M.D. Fla.· 2025-10-09
  The court granted summary judgment for Rotech on trade secret misappropriation and nondisclosure claims, but denied it for nonsolicitation and noncompetition claims due to factual disputes and contractual ambiguity.
• STT Acquisition, Inc. v. Great Lakes Ins. SE
  M.D. Fla.· 2025-08-04
  The court granted summary judgment for the insurer on the breach of contract claim, finding the insured's damage estimate was not contemplated by the policy, and denied the insured's motion for summary judgment on the insurer's fraud counterclaim, finding a jury question on fraud
• DKG Commc'ns, LLC v. RLM Underground, LLC
  M.D. Fla.· 2025-06-17
  A defendant moving for summary judgment must either produce affirmative evidence negating an essential element of the plaintiff's claim or point to a lack of evidence supporting that element.
• Dunlap v. Clear Blue Specialty Ins. Co.
  M.D. Fla.· 2025-05-30
  The court held that genuine disputes of material fact exist regarding causation and policy compliance, precluding summary judgment for the insurer.
• M&M Private Lending Grp., LLC v. M/Y 80' Victory
  S.D. Fla.· 2025-05-15
  The court granted the plaintiff's motion for summary judgment because the defendants failed to respond, and the plaintiff supported its claim with evidence.
• Francisco v. Pinellas Cnty.
  M.D. Fla.· 2024-11-21
  The court held that the plaintiff failed to establish a prima facie case for discrimination or retaliation under the ADA and Title VII, and therefore summary judgment for the defendant was granted.
• Ruth v. Lubow
  Fla. 3d DCA· 2024-11-13
  The Third District Court of Appeal affirmed a summary judgment entered in favor of Warren Lubow against Velma Anne Ruth. The court held that once the moving party meets its burden on summary judgment, the nonmoving party must come forward with evidentiary material to demonstrate
• Accelerant Specialty Ins. Co. v. Klotz
  S.D. Fla.· 2024-10-18
  The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for summary judgment and overruling the defendant's objections.
• Lowman v. United States
  M.D. Fla.· 2024-08-22
  The court held that the defendant failed to carry its burden of proving the absence of a material issue of fact regarding the use of the property.
• Inversiones Yv3343, S.A. v. Lynx FBO Fort Lauderdale, LLC
  S.D. Fla.· 2024-06-10
  A Venezuelan corporation sued a Florida fixed-base operator for negligence after the operator released a stored aircraft to a man claiming to be its new owner, who presented fraudulent ownership documents and removed the aircraft. The court denied the plaintiff's motion for summa
• Synergy Contracting Grp. Inc. v. People's Tr. Ins. Co.
  Fla. 2d DCA· 2024-06-07
  Synergy Contracting Group, as assignee of homeowners insured under a People's Trust policy, sued for breach of contract after People's Trust paid only $2,000 for water mitigation services rather than Synergy's invoiced amount exceeding $5,000. The court affirmed summary judgment
• Diego v. MSC Cruises, S.A.
  S.D. Fla.· 2024-06-06
  Lilliam Diego fell near an elevator outside a buffet on an MSC cruise ship when her shoe became stuck on a sticky substance on the floor, and MSC moved for summary judgment arguing the substance's existence could not be proven and that it had no notice of any dangerous condition.
• Izquierdo v. Presidente Supermarket No. 27, Inc.
  Fla. 3d DCA· 2024-05-01
  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 to warrant summary judgment.
• Drkula v. DeJoy
  M.D. Fla.· 2024-04-19
  The court held that the plaintiff's discrimination claims were time-barred because he failed to file suit within 90 days of receiving notice of the final agency decisions.
• Pellerano v. Renta
  Fla. 3d DCA· 2023-11-08
  Summary judgment is properly entered when the moving party satisfies its burden to show entitlement to judgment as a matter of law and the nonmoving party fails to come forward with an affidavit or other proof demonstrating a genuine dispute of material fact.
• Thelen v. Somatics, LLC
  M.D. Fla.· 2023-11-07
  The court denied the plaintiff's motion for a new trial or to alter the judgment, finding no prejudicial errors in jury instructions or evidentiary rulings, and affirmed the prior grant of summary judgment on the design defect claim.
• TBC Fla., LLC v. Infinity Biscayne Myrtle Member, LLC
  Fla. 3d DCA· 2023-09-27
  A guarantor's obligations survive an assignment of the underlying lease when the guaranty agreement provides that modifications to the lease shall not release the guarantor from liability. Summary judgment was properly granted on the breach of contract claim because the tenant fa
• Marko Serrano and Dolores Serrano v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-08-16
  When an insurer moves for summary judgment on an all-risk homeowner's policy claim, the insurer must provide affidavits or other sworn proof establishing that a policy exclusion bars coverage; failure to do so requires reversal.
• Marko Serrano and Dolores Serrano v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-08-16
• Wilcox v. 3m Co.
  N.D. Fla.· 2023-07-05
  Summary judgment is granted in part and denied in part, finding triable issues of fact on causation for design defect and failure to warn claims, and on reliance for fraud and consumer protection claims, while granting summary judgment on abandoned claims.
• Desmond F. Ballard v. Bank of Am.
  Fla. 2d DCA· 2023-06-30
  The appellate court reversed a summary judgment of foreclosure because the trial court failed to state its reasons for granting the motion, either orally or in writing, as required by Florida Rule of Civil Procedure 1.510(a). The court remanded the case for the trial court to ent
• Walker v. 3m Co.
  N.D. Fla.· 2023-06-17
  The court held that the defendant's motion for summary judgment should be denied because genuine disputes of material fact exist regarding the statute of limitations, specific causation, safer alternative design, reliance, and duty to disclose.
• Woodard v. 3m Co.
  N.D. Fla.· 2023-06-17
  The court held that the plaintiff presented sufficient evidence of causation and reliance to survive summary judgment on most claims, denying the defendant's motion in part.
• Isaac Indus., Inc. v. Petroquimica de Venezuela, S.A.
  S.D. Fla.· 2023-06-06
  The court held that Isaac Industries established its entitlement to summary judgment on its breach-of-contract claims against both Pequiven and Bariven, and that Pequiven waived its sovereign immunity.
• Scoma Chiropractic, P.A. v. Nat'l Spine & Pain Ctrs. LLC
  M.D. Fla.· 2023-05-11
  Scoma Chiropractic, a chiropractic office, sued National Spine and Pain Centers and affiliated companies under the Telephone Consumer Protection Act (TCPA) for allegedly sending four unsolicited fax advertisements to its fax line on specified dates in 2020. The court held that un
• Reyes v. DiStefano
  M.D. Fla.· 2023-04-21
  The court recommended granting summary judgment for Brenda Reyes, finding her to be the sole beneficiary entitled to life insurance benefits under the policy.