Burden Of Proof In Summary Judgment

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

• Wallace v. Sch. Bd. of Orange Cnty.
  41 F. Supp. 2d 1321· M.D. Fla.· 1998-12-15
  Summary judgment is granted for the defendant on all counts because the plaintiff failed to establish that his speech was a matter of public concern, that it was a substantial factor in his termination, or that the stated reason for termination was pretextual.
• United States v. 302 Cases
  25 F. Supp. 2d 1358· M.D. Fla.· 1998-11-05
  The court held that the claimant met the statutory requirements for reexportation of the condemned shrimp under the law in effect at the time of importation, and a subsequent amendment imposing a new requirement could not be applied retroactively.
• Wells v. Prudential Ins. Co. of Am.
  13 F. Supp. 2d 1326· M.D. Fla.· 1998-07-15
  The court held that a plaintiff's failure to provide a written insurance policy, as required by ERISA, bars her claim when the defendant provides evidence that no such policy was ever issued.
• Linton v. Gulf Cnty.
  713 So. 2d 1059· Fla. 1st DCA· 1998-07-01
  In this wrongful death appeal, the court reversed summary judgment for Gulf County, holding that genuine issues of material fact exist regarding whether the decedent was an employee of the county at the time of his death, and therefore whether the county is entitled to workers' c
• DeShiro v. Branch
  1 F. Supp. 2d 1357· M.D. Fla.· 1998-04-17
  The court held that the defendant did not meet the statutory definition of an 'employer' under Title VII and the FCRA, thus the court lacked subject matter jurisdiction.
• Erace v. Erace
  693 So. 2d 68· Fla. 3d DCA· 1997-04-16
  The trial court abused its discretion by denying the appellant's motion to amend and join parties, and summary judgment for the appellees was improperly granted.
• Sharpshooters, Inc. v. Ret. Living Publ'g Co.
  932 F. Supp. 286· S.D. Fla.· 1996-07-08
  The court held that disputed issues of material fact remain regarding substantial similarity, precluding summary judgment in a copyright infringement case.
• Reckleben v. Boca Underwater Servs., Inc.
  673 So. 2d 185· Fla. 4th DCA· 1996-05-15
• First Card Servs., Inc. v. Herndon (In Re Herndon)
  193 B.R. 595· M.D. Fla.· 1996-03-08
  The district court affirmed the bankruptcy court's grant of summary judgment, finding the appellant failed to present sufficient evidence to create a genuine issue of material fact.
• L & S Bearing Co. v. Randex Int'l
  913 F. Supp. 1544· S.D. Fla.· 1995-12-15
  The court held that the plaintiff's claim was time-barred by the nine-month limitations period, and the carrier was not estopped from asserting this defense.
• Int'l Ship Repair & Marine Servs., Inc. v. St. Paul Fire & Marine Ins.
  906 F. Supp. 645· M.D. Fla.· 1995-11-21
  The court held that neither party was entitled to summary judgment because genuine issues of material fact remained regarding misrepresentation and the interpretation of the insurance policy's seaworthiness clause.
• Byrnes v. Honda Motor Co.
  907 F. Supp. 1525· S.D. Fla.· 1995-08-16
  The court held that the plaintiff's state law claim regarding motorcycle conspicuity is preempted by the National Traffic and Motor Vehicle Safety Act because a federal safety standard exists for that aspect of performance.
• Allan Serchay and former Director of Allan Serchay v. NTS Fort Lauderdale Off. Joint Venture
  657 So. 2d 57· Fla. 4th DCA· 1995-07-05
  The court held that disputed fact issues exist regarding the tenants' affirmative defenses and claimed set-off, precluding summary judgment on those matters.
• Reynard v. NEC Corp.
  887 F. Supp. 1500· M.D. Fla.· 1995-05-17
  The court granted summary judgment for the defendants, finding the plaintiffs failed to present admissible evidence establishing medical causation for their wrongful death claim.
• Water & Sewer Util. Constr., Inc. v. Dulaney
  653 So. 2d 1127· Fla. 1st DCA· 1995-04-25
• ST. Pierre v. United Pac. Life Ins. Co.
  644 So. 2d 1030· Fla. 2d DCA· 1994-11-16
  Summary judgment was improperly granted because genuine issues of material fact remain regarding the insurance agent's relationship to the parties.
• Dealers Ins. Co. v. Haidco Inv. Enters., Inc.
  638 So. 2d 127· Fla. 3d DCA· 1994-06-07
  Dealers Insurance Company appealed a summary judgment in favor of Haidco Investment Enterprises, a surety bond claimant, arising from an alleged breach by a motor vehicle dealer. The court reversed, holding that the surety was not bound by admissions made by the dealer in a settl
• Teodoro Martinez v. Peoples GAS Sys., Inc.
  634 So. 2d 195· Fla. 3d DCA· 1994-03-15
• Jackson v. H.L. Bouton Co., Inc.
  630 So. 2d 1173· Fla. 1st DCA· 1994-01-12
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• McELMURRY v. Ark. Power & Light Co.
  995 F.2d 1576· Fed. Cir.· 1993-06-16
  The court held that Arkansas Power & Light Company (AP&L) acquired a "shop right" in Harold L. Bowman's patented level detector, entitling AP&L to use the invention without liability for infringement.
• Lockart v. Kobe Steel Ltd. Constr. Mach. DIV.
  989 F.2d 864· 5th Cir.· 1993-05-06
  The court held that the use of an excavator to lift a pontoon by its bucket teeth, despite a clear warning against such use in the operator's manual, was not a 'reasonably anticipated use' under the Louisiana Products Liability Act.
• Bailey v. McDONNELL Douglas Corp.
  989 F.2d 794· 5th Cir.· 1993-04-29
  The court held that the government contractor defense does not automatically apply to manufacturing defect claims and that the defendant failed to meet its burden of proof to establish the defense for the manufacturing defect claim.
• Chentnik v. Strawn
  614 So. 2d 27· Fla. 1st DCA· 1993-02-18
  The appellants purchased the appellees' corporation and discovered missing funds and certificates of deposit after closing. The appellees obtained partial summary judgment on the appellants' conversion counterclaim, but the court reversed, finding genuine issues of material fact
• Morganbesser v. United States
  984 F.2d 560· 2d Cir.· 1993-01-19
  The court held that the pension plan qualifies as a labor organization under Internal Revenue Code § 501(c)(5) and is therefore exempt from taxation.
• Nat'l State Bank v. Fed. Reserve Bank OF NEW York
  979 F.2d 1579· 3d Cir.· 1992-11-24
  The court held that the plaintiff did not meet its initial burden of demonstrating the absence of a genuine issue of fact on summary judgment regarding the defendant's alleged breach of ordinary care and timely notification.
• Benshoof v. Nat'l Gypsum Co.
  978 F.2d 475· 9th Cir.· 1992-10-14
  The court held that the plaintiffs' affidavits were insufficient to establish that the defendant's asbestos products proximately caused their injuries under Arizona law.
• RGI v. Unified Indus.
  963 F.2d 658· 4th Cir.· 1992-04-29
  The court held that a plaintiff opposing summary judgment must present specific evidence of damages, not just conclusory allegations, and that a supplemental affidavit submitted after judgment is generally not considered without a justified reason for its prior absence.
• Little v. Liquid AIR Corp.
  952 F.2d 841· 5th Cir.· 1992-01-15
  The court is rehearing the case en banc to reconsider the prior panel decision.
• Conro Constr. Inc. v. Barnett Bank OF S. Fla., N.A.
  585 So. 2d 438· Fla. 4th DCA· 1991-09-04
  Conro Construction challenged a summary judgment in favor of Barnett Bank regarding the bank's authority to deposit checks payable to Conro into a separate corporate account without proper authorization. The court reversed the summary judgment, finding the corporate resolution am
• Meyers v. The M/V Eugenio C
  919 F.2d 1070· 5th Cir.· 1990-12-28
  A shipowner has no duty to warn an experienced pilot of open and obvious dangers, especially when the pilot is in a better position to appreciate the risk.
• In re Brazier Forest Prods., Inc. v. Fort Vancouver Plywood Co.
  921 F.2d 221· 9th Cir.· 1990-12-12
  The court held that St. Paul failed to establish standing as a lien creditor and that the bankruptcy court's order did not grant marshaling rights, thus affirming the district court's decision.
• Fla. Indus. Mach., Inc. v. Executive Life Ins. Co.
  560 So. 2d 413· Fla. 1st DCA· 1990-05-03
  Florida Industrial Machinery and two individuals sought to recover $500,000 under a life insurance policy for Robert A. Bean, who died before the policy was issued. The trial court granted summary judgment limiting recovery to $200,000 based on an unexecuted conditional receipt.
• Davis v. Thoman Motel Corp.
  900 F.2d 28· 4th Cir.· 1990-04-04
  The magistrate properly granted summary judgment because appellants, acting as unlicensed real estate brokers in Maryland, could not recover commissions or bring a tortious interference claim based on an invalid contract.
• Henley v. E. Airlines
  559 So. 2d 96· Fla. 5th DCA· 1990-03-08
  The court reversed summary judgment for the airport authority and airline, finding material factual issues regarding the baggage handler's employment and negligence that precluded judgment as a matter of law.
• Warner v. United States
  726 F. Supp. 1287· S.D. Fla.· 1989-05-26
  The court held that while tax understatement was established for summary judgment purposes, a material issue of fact remained regarding the plaintiff's knowledge and intent, necessitating a trial on the fraud claim.
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• Cofoid v. E.K. Morice, Jr.
  511 So. 2d 694· Fla. 4th DCA· 1987-08-12
• Seaman v. V.I.P. World Travel, Inc.
  487 So. 2d 342· Fla. 2d DCA· 1986-04-02
  Appellants Seaman, Miklas, Castle Realty, and Elegant Realty appealed two summary judgments: one in favor of Chapman & Associates on a promissory note claim, and another in favor of V.I.P. World Travel on appellants' indemnity claim. The court affirmed Chapman's judgment but vaca
• Solomon Lieberman AND Chevra Lomdei Torah v. Interstate Fire & Cas. Co.
  768 F.2d 81· 3d Cir.· 1985-07-18
  The court held that the district court improperly granted summary judgment by deciding a disputed issue of material fact regarding when the mortgagee received notice of the insurer's denial of the mortgagor's claim.
• D & E Trading Co. v. S. Synthetics, Inc.
  466 So. 2d 394· Fla. 3d DCA· 1985-03-26
• James v. Skinner
  464 So. 2d 588· Fla. 2d DCA· 1985-02-06
  Plaintiffs appeal from summary judgment in a negligence action arising from an accident where their vehicle struck defendant's escaped horses. The court reversed, finding genuine issues of material fact regarding whether the defendant negligently failed to secure his pasture gate
• Bennett v. Riggs
  456 So. 2d 958· Fla. 2d DCA· 1984-09-26
  Florida appellate court reversed summary judgment in medical malpractice case, holding that an expert affidavit created a genuine issue of material fact precluding summary judgment even without detailed medical explanation of causation.
• A-1 Crane Serv., Inc. v. RCA Steel & Constr., Inc.
  443 So. 2d 468· Fla. 2d DCA· 1984-01-11
  The court held that the trial court erred in striking the defendant's affirmative defense and granting summary judgment because the defense was legally sufficient and the plaintiff failed to disprove it.
• Inger Lisa (Davis) Schiavenza v. United States
  720 F.2d 1117· 9th Cir.· 1983-11-23
  Triable issues of fact exist regarding the deductibility of $140,000 in intangible drilling costs, but the remaining investment was correctly deemed a non-deductible deposit.
• Hines v. LeBAR
  434 So. 2d 345· Fla. 2d DCA· 1983-07-15
  Homebuyers sued a pest control inspector, pest control company, and home seller for damages from termite infestation discovered three months after purchase. The trial court granted summary judgment to all defendants, but the appellate court reversed, finding genuine issues of mat
• Se. Mun. Supply Co., Inc. v. Citizens First Nat'l Bank of Citrus Cnty.
  432 So. 2d 753· Fla. 5th DCA· 1983-06-09
  The court held that genuine issues of material fact exist regarding whether the check was payable to a single payee or joint payees, precluding summary judgment.
• Fulmer v. State
  424 So. 2d 65· Fla. 1st DCA· 1982-12-10
  Property owners appealed a summary judgment enjoining them from using their land as a private airport. The court reversed, finding material factual disputes existed regarding whether the property contained a principal building and whether the airport use was permitted under zonin
• Schley v. Palm Beach Martin Cnty. Med. Ctr., Inc.
  415 So. 2d 86· Fla. 4th DCA· 1982-06-09
  Scott Schley appealed a summary judgment dismissing his medical malpractice claim arising from a drill bit fragment left in his ankle during ankle fracture surgery. The court reversed the summary judgment against the surgeon (Dr. Lotman) while affirming it against the hospital, h
• Proprietors Ins. Co. v. Yetta Siegel
  410 So. 2d 993· Fla. 3d DCA· 1982-03-16
  Proprietors Insurance Company appealed a summary judgment upholding coverage under a marine insurance policy for Yetta Siegel's yacht, the Carole, which sank while being towed by a charterer. The appellate court affirmed, holding that the loss resulted from an insured peril, the