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S.D. Fla.·
2023-04-06
The court held that the defendant corporation and its owner are liable under the Fair Labor Standards Act for failing to pay overtime wages to a supervisor who worked more than 40 hours per week.
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Fla. 3d DCA·
2022-12-14
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Fla. 3d DCA·
2022-12-14
The court affirmed that Allstate properly provided notice of its election to use permissive fee schedules under Florida law, but reversed and remanded because Allstate failed to present summary judgment evidence demonstrating it paid the correct amount due under those schedules.
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Fla. 3d DCA·
2022-12-14
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Fla. 3d DCA·
2022-12-14
The court affirmed summary judgment that the insurance policy provided legally sufficient notice of the insurer's election to use permissive fee schedules, but reversed and remanded because the insurer failed to present evidence showing it paid the proper amount due under those s
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Fla. 5th DCA·
2022-11-18
Summary judgment was improvidently granted for Hoffman & Hoffman and Becker & Poliakoff because genuine issues of material fact exist regarding whether they had a duty to respond to the motion to drop parties and dismiss and whether presenting evidence of good cause or excusable
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Fla. 3d DCA·
2022-10-06
The court affirmed summary judgment that the insurance policy provided legally sufficient notice of the insurer's election to use permissive fee schedules, but reversed and remanded because the record lacked evidence that Allstate paid the proper amount due under those schedules.
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M.D. Fla.·
2022-09-30
The court held that an insured's failure to provide prompt notice of a loss creates a rebuttable presumption of prejudice to the insurer, and the plaintiffs failed to present sufficient evidence to rebut this presumption.
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S.D. Fla.·
2022-09-22
The court held that the cause of death is a disputed question of material fact, precluding summary judgment.
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Fla. 3d DCA·
2022-08-10
This case involves medical providers appealing summary judgments granted to insurers. The court affirmed that the insurance policies provided sufficient notice of the insurer's election to use permissive fee schedules but reversed because the insurers failed to provide evidence o
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Fla. 3d DCA·
2022-08-10
This case involves medical providers appealing summary judgments granted to insurers. The court affirmed the insurer's right to use permissive fee schedules but reversed because the insurers failed to provide evidence of payment according to those schedules.
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S.D. Fla.·
2022-07-18
Summary judgment is granted for the defendant because the plaintiff failed to provide expert testimony to establish that the claimed property damage was caused by a covered event, such as Hurricane Irma.
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Fla. 3d DCA·
2022-06-22
Summary judgment was properly granted where the moving party established entitlement to judgment as a matter of law and the opposing party failed to demonstrate genuine issues of material fact.
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M.D. Fla.·
2022-06-17
The court held that claims based on fabricated disciplinary reports are premature if not invalidated, and sanctions imposed (administrative confinement and CARE level reduction) do not implicate constitutional due process concerns.
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S.D. Fla.·
2022-05-09
The court held that the defendants failed to demonstrate a lack of genuine dispute regarding the plaintiffs' standing to sue and the prior rights of the SRO mark, thus denying summary judgment on those issues.
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Fla. 2d DCA·
2022-04-06
The appellate court reversed a trial court's grant of summary judgment in favor of Walmart in a slip-and-fall case. The court found that the plaintiff's affidavit, which provided details about the puddle and potential notice, did not contradict her deposition testimony and raised
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Fla. 2d DCA·
2022-03-30
The appellate court reversed a summary judgment of foreclosure, finding that the bank failed to adequately refute the borrower's affirmative defense of equitable estoppel. The court determined that genuine issues of material fact existed regarding the bank's alleged misrepresenta
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Fla. 3d DCA·
2022-03-16
Homeowners appealed a summary judgment in favor of Citizens Property Insurance Corporation that denied coverage for hurricane damage. The court reversed, finding that genuine issues of material fact existed regarding whether hurricane-force winds created roof openings that allowe
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Fla. 2d DCA·
2022-01-14
The appellate court reversed portions of a final judgment in a contentious marriage dissolution case. The court found the trial court erred by granting partial summary judgment to additional defendants and disregarding the Former Wife's evidence regarding commingling of assets, w
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M.D. Fla.·
2021-12-27
The court denied motions for summary judgment, finding genuine disputes of material fact on defamation, Stored Communications Act, and tortious interference claims.
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S.D. Fla.·
2021-11-30
Summary judgment is granted because the plaintiff failed to provide expert medical testimony to establish causation for her back injuries, which are not readily apparent to a layperson and are complicated by pre-existing conditions.
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S.D. Fla.·
2021-11-08
The court granted partial summary judgment for the plaintiff on several affirmative defenses, finding them legally inapplicable or factually unsupported, but denied it on others where genuine disputes of material fact remained.
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S.D. Fla.·
2021-10-29
The court held that the insured's failure to provide prompt notice of a loss, coupled with the inability to rebut the presumption of prejudice to the insurer, warrants summary judgment in favor of the insurer.
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Fla. 3d DCA·
2021-09-29
A defendant seeking summary judgment on an open account claim must make a preliminary showing that there are no genuine issues of material fact and that judgment is warranted as a matter of law.
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M.D. Fla.·
2021-09-24
GEICO sued Glassco Inc., a windshield repair shop, and its owners alleging they submitted fraudulent claims for reimbursement by inflating hours, listing unnecessary repairs, charging for unperformed work, and forging customer signatures, along with violating Florida's Motor Vehi
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S.D. Fla.·
2021-09-09
A fuel station franchisee challenged the franchisor's non-renewal of a motor fuel franchise under the Petroleum Marketing Practices Act (PMPA), arguing the franchisor failed to make a timely and bona fide offer to sell the property as required by statute. The court granted summar
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M.D. Fla.·
2021-05-07
The court held that the plaintiff's expert's methodology was unreliable under Daubert, and therefore his testimony was excluded.
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Del. Super. Ct.·
2021-04-29
The court granted summary judgment for the defendants, finding that the plaintiff failed to demonstrate a genuine issue of material fact regarding the identity of the ambulance involved in the accident or the liability of the defendants. The court determined that the plaintiff's
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S.D. Fla.·
2021-03-05
The court held that a genuine dispute of material fact exists regarding proximate cause, precluding summary judgment.
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Fla. 2d DCA·
2021-01-15
The appellate court reversed a summary judgment granted to Hunt Real Estate Services, Inc. The court found that the borrowers' claims against Hunt were not necessarily barred by res judicata, as the prior litigation may not have definitively decided the issue of collateral releas
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Fla. 3d DCA·
2021-01-13
A party seeking summary judgment in a foreclosure action must factually refute or establish the legal insufficiency of the opposing party's affirmative defenses; failure to do so requires reversal.
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N.D. Fla.·
2021-01-12
The Court adopted the Magistrate Judge's Report and Recommendation, finding that a triable issue exists regarding proximate causation on the failure-to-warn claim and that defendants failed to meet their summary judgment burden on remaining claims.
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Fla. 4th DCA·
2021-01-06
Summary judgment was improper in a civil theft action because material factual disputes existed regarding whether the defendant stole funds, acted with felonious intent, and forged checks, and because the plaintiff must prove civil theft by undisputed clear and convincing evidenc
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M.D. Fla.·
2020-11-13
The court held that a plaintiff seeking summary judgment on affirmative defenses must present more than a mere assertion of no record evidence, and genuine issues of material fact precluded summary judgment on several defenses.
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M.D. Fla.·
2020-09-23
The court held that a genuine issue of material fact exists regarding comparative negligence, precluding summary judgment for the plaintiff.
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Fla. 5th DCA·
2020-09-17
Wilmington Savings Fund Society, FSB appealed a summary judgment entered in favor of the defendant Andrew Greenwell in a mortgage foreclosure action. The appellate court reversed and remanded, finding that genuine issues of material fact remained regarding the plaintiff's standin
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Fla. 3d DCA·
2020-08-19
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M.D. Fla.·
2020-08-10
The court held that there is a genuine issue of material fact regarding whether the plaintiff's attorney had clear and unequivocal authority to settle the case, thus denying both parties' motions for summary judgment.
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M.D. Fla.·
2020-07-29
Summary judgment is granted for the defendant because the plaintiff failed to provide sufficient evidence of the actual cost of roof repairs, beyond estimates.
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S.D. Fla.·
2020-07-13
The court held that genuine disputes of material fact exist regarding whether the plaintiff broker was the "procuring cause" of the yacht sale, precluding summary judgment.
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Fla. 3d DCA·
2020-05-06
The appellate court affirmed the lower court's grant of summary judgment for the insurance company. The insureds failed to present sufficient evidence to create a genuine issue of material fact regarding their water damage claim.
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Fla. 5th DCA·
2020-04-30
James Raleigh appealed a summary judgment of foreclosure entered against him by Cornerstone Quarry 2010 A Trust. The court reversed, holding that Cornerstone failed to meet its burden on summary judgment because it did not comply with the notice of default requirements in the pro
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M.D. Fla.·
2020-02-24
Summary judgment is granted for the plaintiff bank because the defendant failed to present sufficient evidence that the collateral properties were sold for materially less than their fair market value, thus failing to overcome the statutory presumption.
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Fla. 2d DCA·
2020-02-12
The appellate court reversed a summary judgment granted to a hospital in a premises liability case. The trial court erred by applying the federal summary judgment standard instead of the stricter Florida standard, which places a higher burden on the moving party.
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M.D. Fla.·
2020-01-23
The court held that Kenneth Gervais is not personally liable under the Term Sheet and that American Mariculture failed to present evidence of falsity for its fraudulent inducement claim.
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M.D. Fla.·
2019-10-23
Accepting back wages paid under Department of Labor supervision, even without signing a waiver form, constitutes a waiver of the right to sue under the Fair Labor Standards Act.
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S.D. Fla.·
2019-09-26
The court held that Seaboard failed to establish a prima facie case against Bodin Oil, as Bodin Oil was not a party to the bill of lading and Seaboard presented no evidence that Bodin Oil caused the oil spill.
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M.D. Fla.·
2019-08-30
The court denied the plaintiff's motion for summary judgment without prejudice because it was filed prematurely before adequate discovery was completed.
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270 So. 3d 528·
Fla. 5th DCA·
2019-05-03
A trial court does not err in granting summary judgment when the non-moving party fails to act diligently in completing discovery and does not timely move for a continuance before the summary judgment hearing.
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251 So. 3d 328·
Fla. 3d DCA·
2018-07-25
Summary judgment for the gun manufacturer was improper because genuine issues of material fact exist as to whether the deceased was an unlawful user of controlled substances at the time of firearm purchase and possession, which is necessary to establish that the lawsuit qualifies