-
238 So. 3d 914·
Fla. 1st DCA·
2018-02-28
Summary judgment was properly entered for appellees because the non-moving party failed to meet the burden of demonstrating the existence of a genuine issue of material fact.
-
204 So. 3d 134·
Fla. 4th DCA·
2016-11-16
In this foreclosure appeal, the Fourth District Court of Appeal reversed summary judgment granted in favor of the Bank of New York because the bank failed to submit authenticated evidence of compliance with mortgage conditions precedent, and the trial court improperly struck the
-
S.D. Fla.·
2016-03-23
The court held that the plaintiff failed to file her complaint within the 90-day period required by Title VII, even considering the EEOC's mailing errors, because she had actual knowledge that the investigation had concluded.
-
9th Cir. Ct. App. Div.·
2016-03-05
Flagler Hospital appealed a summary judgment entered against it in a PIP insurance dispute. The appellate court reversed, finding that the trial court's discovery sanction was tantamount to dismissal without required findings, and that the trial court improperly placed the summar
-
200 So. 3d 97·
Fla. 5th DCA·
2015-12-11
Homeowners appealed a foreclosure judgment entered by summary judgment against them in favor of Fannie Mae. The appellate court reversed, finding genuine issues of material fact existed regarding whether Fannie Mae had standing to file the foreclosure and whether the homeowners'
-
182 So. 3d 676·
Fla. 4th DCA·
2015-12-09
Statewide Homeowners Solutions appealed a foreclosure summary judgment granted in favor of Nationstar Mortgage. The appellate court reversed, holding that Nationstar failed to satisfy its heightened burden of proof when moving for summary judgment before Statewide filed an answer
-
198 So. 3d 10·
Fla. 2d DCA·
2015-06-10
The court held that the Association failed to conclusively establish that the Trust violated the Declaration of Condominium by removing drywall, as genuine issues of material fact remained regarding unit boundaries and the materiality of the alteration.
-
M.D. Fla.·
2015-03-05
The court held that Sunoco's sales below cost were either isolated and inadvertent or met competition in good faith, thus falling under statutory exceptions to the Florida Motor Fuel Marketing Practices Act.
-
148 So. 3d 1285·
Fla. 1st DCA·
2014-10-23
Summary judgment was improperly entered against the borrower because the bank failed to establish the absence of a genuine issue of material fact regarding whether it provided the required notice of default and opportunity to cure.
-
2014 U.S. Dist. LEXIS 144077·
S.D. Fla.·
2014-09-24
The court held that summary judgment for the defendants was appropriate because the plaintiffs failed to present any evidence disputing that they were paid minimum wage and overtime compensation in accordance with the FLSA.
-
2014 WL 2616906·
S.D. Fla.·
2014-04-04
The court held that genuine issues of material fact remain regarding who was the 'called party' and whether consent was validly given, thus denying both parties' motions for summary judgment.
-
849 F. Supp. 2d 1085·
M.D. Fla.·
2014-02-20
The court held that a plaintiff need not prove a prescribing physician would have acted differently, only that a different warning might have altered patient behavior, and that collateral source payments must be deducted from medical expense awards.
-
499 F. Supp. 2d 521·
S.D. Fla.·
2013-01-30
Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
-
712 F. Supp. 2d 440·
S.D. Fla.·
2012-09-21
The court held that the flea market operators and principal defendants could be liable for contributory trademark infringement and contributory copyright infringement, but not vicarious trademark infringement. Property owners who merely lease the land are not liable for contribut
-
92 So. 3d 302·
Fla. 4th DCA·
2012-07-18
Florida appellate court reversed summary judgment for UPS in a retaliation claim under section 440.205, finding genuine issues of material fact precluded summary disposition.
-
15th Cir. Ct. App. Div.·
2012-01-04
Precision Diagnostics appeals a summary judgment in favor of State Farm regarding unpaid Personal Injury Protection (PIP) benefits for medical services. The appellate court reversed, finding that State Farm failed to meet its burden on summary judgment by establishing that Precis
-
71 So. 3d 152·
Fla. 4th DCA·
2011-09-07
The appellate court held that granting summary judgment was premature when the discovery deadline had not expired and the case had been rescheduled due to ongoing discovery.
-
68 So. 3d 989·
Fla. 5th DCA·
2011-09-02
The Gicks appeal from a summary judgment in Wells Fargo's mortgage foreclosure action. The court reversed, holding that Wells Fargo failed to meet its heavy burden of conclusively establishing that the Gicks could not raise a genuine issue of material fact when moving for summary
-
65 So. 3d 1207·
Fla. 2d DCA·
2011-07-29
Tammy Waring appeals a summary judgment entered against her in a subrogation suit filed by Nationwide Mutual Fire Insurance Company on behalf of its insureds, Herbert and Shirley Aruz, following an automobile accident. The appellate court affirmed summary judgment as to Waring's
-
784 F. Supp. 2d 1349·
S.D. Fla.·
2011-05-12
The court held that Marseilles fulfilled its contractual obligation to deliver a stock power, and Gerova breached the agreement by failing to make the remaining payments.
-
38 So. 3d 824·
Fla. 2d DCA·
2010-06-18
Mark Maconi Homes appealed a summary judgment granting the Kecks rescission of a home purchase contract based on Maconi's failure to provide a required property report under the Interstate Land Sales Full Disclosure Act. The court reversed, holding that the Kecks failed to meet t
-
675 F. Supp. 2d 1164·
S.D. Fla.·
2009-12-21
The court held that the plaintiff, a store manager and assistant store manager, was exempt from overtime pay under the Fair Labor Standards Act's executive and administrative exemptions.
-
21 So. 3d 131·
Fla. 4th DCA·
2009-11-04
The court affirmed summary judgment on breach of contract but reversed summary judgment on fraud because the plaintiff's motion did not request it and presented no evidence of fraudulent intent.
-
651 F. Supp. 2d 1356·
S.D. Fla.·
2009-09-03
The court held that the plaintiff failed to present sufficient evidence to establish that he or his employer were engaged in interstate commerce, thus precluding Fair Labor Standards Act coverage.
-
641 F. Supp. 2d 1297·
S.D. Fla.·
2009-07-03
Summary judgment is granted for plaintiffs on standing, anticipation, obviousness, and laches, but denied on infringement and inequitable conduct.
-
615 F. Supp. 2d 1347·
S.D. Fla.·
2009-02-25
The court granted summary judgment for the government on claims related to tax liens and unauthorized collection actions for certain tax years, but denied summary judgment on claims regarding the issuance of a notice of deficiency for 2004 taxes.
-
621 F. Supp. 2d 1271·
S.D. Fla.·
2008-12-17
The court held that Ms. Crowley's charge of discrimination, filed with a local agency acting as an EEOC agent, constituted a 'claim' that predated the policy period, and that Ms. Caron's and Ms. Leever's claims were interrelated to Ms. Crowley's, thus also predating the policy, w
-
956 So. 2d 502·
Fla. 4th DCA·
2007-04-18
Jaquith appeals a summary judgment granted in favor of Spath in a dispute between investors in bail bond businesses. After Jaquith filed for bankruptcy, her interest in the corporations and all pre-petition claims were sold to Spath. The court affirmed summary judgment, finding t
-
944 So. 2d 1119·
Fla. 5th DCA·
2006-12-01
The Fifth District Court of Appeal reversed a summary judgment in favor of Mak Enterprises in a fraud and conspiracy claim arising from alleged improper repair of the plaintiff's vehicle air conditioning system. The court found that disputed facts regarding whether replacement pa
-
912 So. 2d 715·
Fla. 3d DCA·
2005-10-06
Plaintiffs purchased a used van from Dabdoub, experienced engine problems the next day, and returned it for repair. Dabdoub treated the return as a voluntary surrender and refused to return the vehicle or refund the purchase price. Plaintiffs sued Dabdoub and later added its insu
-
382 F. Supp. 2d 1334·
M.D. Fla.·
2005-05-19
The court held that the plaintiff failed to establish that government agents had implied actual authority to contractually obligate the government for additional work, thus summary judgment for the government was granted.
-
2005 U.S. Dist. LEXIS 39204·
M.D. Fla.·
2005-05-18
The court held that the Plaintiffs failed to establish genuine issues of material fact regarding individual or enterprise coverage under the Fair Labor Standards Act, thus summary judgment for the Defendant was appropriate.
-
900 So. 2d 718·
Fla. 4th DCA·
2005-04-27
The appellate court reversed summary judgment in a negligence case arising from a sinkhole incident, holding that the plaintiff's secretary's affidavit regarding mailing notice to the Florida Department of Insurance created a genuine factual dispute precluding summary judgment on
-
326 F. Supp. 2d 1323·
M.D. Fla.·
2004-07-09
The court held that the plaintiff failed to establish a prima facie case of retaliation under the ADA and did not demonstrate that he had a disability as defined by the ADA or FCRA.
-
305 F. Supp. 2d 1308·
S.D. Fla.·
2004-01-28
The court granted Carnival's motion for summary judgment on some claims, finding no genuine issue of material fact regarding discrimination, but allowed other claims to proceed.
-
1996 WL 110376·
M.D. Fla.·
2004-01-13
The court held that the plaintiff failed to present evidence creating a genuine issue of material fact regarding his disability, thus summary judgment for the defendant was appropriate.
-
845 So. 2d 1030·
Fla. 5th DCA·
2003-05-30
The Florida Department of Revenue appealed a summary judgment that prevented them from placing liens on a joint bank account for child support arrearages. The appellate court reversed, finding genuine issues of material fact regarding the account's ownership and exempt status.
-
843 So. 2d 1016·
Fla. 5th DCA·
2003-05-02
The Florida appellate court reversed a summary judgment for a homeowners' association in a lien foreclosure action, finding that genuine disputes of fact existed regarding whether the special assessments were properly authorized and applicable to the homeowners' properties.
-
153 F. Supp. 2d 1333·
M.D. Fla.·
2001-08-15
Summary judgment is granted for the insurer because the plaintiff failed to present evidence of a genuine issue of material fact regarding his disability status under the policy.
-
789 So. 2d 452·
Fla. 4th DCA·
2001-06-27
The Fourth District Court of Appeal reversed a summary judgment in favor of P & L Surveyors on the Modrichs' fraud and negligence claims arising from alleged misrepresentation regarding easements on a property. The court found genuine issues of material fact precluding summary ju
-
117 F. Supp. 2d 1341·
S.D. Fla.·
2000-09-28
The court held that the defendant hotel did not infringe the plaintiff's patent because its telephone system did not provide a real-time digital display of call costs to the guest, as required by the patent and clarified by the Federal Circuit.
-
762 So. 2d 1048·
Fla. 5th DCA·
2000-07-28
In this negligence case arising from a bicycle-vehicle collision, the trial court granted partial summary judgment finding Marinaro negligent based on the bicyclist's alleged right-of-way on a bike path. The appellate court reversed, holding that genuine issues of material fact e
-
761 So. 2d 441·
Fla. 2d DCA·
2000-06-02
The appellate court affirmed a summary judgment in favor of a subcontractor (Phelps) in a construction lien foreclosure action. The court held that a faxed lien release was not binding because Phelps never intended it to be effective until payment was received, and the owner (Kle
-
745 So. 2d 1152·
Fla. 3d DCA·
1999-12-22
Cheng appeals from summary judgment granted in favor of Sirichoke in a negligence case arising from a three-car rear-end collision. The court reverses, finding that genuine material factual disputes exist regarding traffic conditions and whether Sirichoke's sudden stop was reason
-
746 So. 2d 491·
Fla. 3d DCA·
1999-10-20
The court reversed summary judgment for a cleaning service in a slip-and-fall case, holding that the undisputed presence of water and paper towels at the accident scene created a genuine issue of material fact requiring jury determination.
-
54 F. Supp. 2d 1313·
S.D. Fla.·
1999-04-07
The court held that the continuation of an international flight to its scheduled destination, even if a passenger suffers a medical emergency, does not constitute an 'accident' under Article 17 of the Warsaw Convention, and Article 25 does not create a separate cause of action.
-
74 F. Supp. 2d 1182·
M.D. Fla.·
1999-03-23
The court granted summary judgment for the plaintiff, finding he is entitled to a tax refund based on the total gross reimbursement income reported.
-
50 F. Supp. 2d 1288·
S.D. Fla.·
1999-01-26
The court held that the sale of non-addressable, fully descrambling cable television decoders, especially those with 'bullet-busting' capabilities and accompanied by a money-back guarantee, demonstrates intent to assist in unauthorized reception of cable services, thus violating
-
722 So. 2d 981·
Fla. 5th DCA·
1999-01-08
-
61 F. Supp. 2d 1245·
M.D. Fla.·
1998-12-23
The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.