Burden Of Proof In Summary Judgment

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

• Man Robson v. Bethel
  375 So. 2d 632· Fla. 4th DCA· 1979-10-10
• Morgan v. Growers Mktg. Serv., Inc.
  370 So. 2d 74· Fla. 2d DCA· 1979-04-25
  In a wrongful death action arising from a farm worker's death during watermelon harvesting, the trial court granted summary judgment for both defendants. The appellate court reversed, holding that genuine issues of material fact existed regarding employment status, job completion
• Carlson v. Preira
  368 So. 2d 611· Fla. 3d DCA· 1979-03-06
  The Bromleys sued Carlson for negligence in an automobile collision and amended their complaint to include Preira and the Ratcliffes, claiming their involvement in a separate traffic incident caused Carlson's car to swerve into the Bromleys' vehicle. The trial court granted summa
• Cruz R. Rodriguez v. Palmetto GAS Co.
  358 So. 2d 52· Fla. 3d DCA· 1978-04-11
  The court held that summary judgment was improperly granted because the plaintiff failed to meet its burden of showing no genuine issue of material fact regarding the defendant's affirmative defense. The order striking the plaintiff's prayer for attorney's fees was also reversed.
• Trochez v. The Holland-American Cruise Lines
  353 So. 2d 864· Fla. 3d DCA· 1977-12-13
  A seaman injured in a fall aboard a cruise ship appealed summary judgment dismissing his Jones Act negligence claim. The court reversed, finding genuine issues of material fact precluded summary judgment, including whether the employer negligently failed to provide adequate assis
• O'Neal v. Peninsular Life Ins. Co.
  350 So. 2d 30· Fla. 1st DCA· 1977-09-22
  A life insurance beneficiary appealed a summary judgment in favor of the insurer, arguing the trial court improperly granted summary judgment without adequately considering factual disputes. The appellate court reversed, holding that the insurer failed to conclusively establish t
• Peirson v. Collier Cnty. Roofing Corp.
  348 So. 2d 418· Fla. 2d DCA· 1977-07-29
• In re Est. of Andrew G. Brown v. Hanger
  347 So. 2d 713· Fla. 3d DCA· 1977-06-14
  The court held that the trial court erred in granting summary judgment because there were genuine issues of material fact regarding the validity of the signature and the existence of a valid gift.
• Manfrey D. Butler v. First Nat'l Bank OF Commerce
  552 F.2d 1112· 5th Cir.· 1977-05-26
  A lender is not required to itemize a finance charge if it consists of a single element, and a party seeking summary judgment bears the burden of establishing undisputed facts.
• Adcox v. Sherrod
  45 Fla. Supp. 201· Fla. Cir. Ct.· 1977-05-03
  In this medical malpractice action, the circuit court denied defendants' motion for summary judgment, holding that expert affidavits merely opining that defendants were not negligent are insufficient to meet the demanding burden required to establish the absence of a genuine fact
• Hopkins v. Gibson Furniture, Inc.
  312 So. 2d 499· Fla. 2d DCA· 1975-05-14
  Hopkins appealed a summary judgment dismissing his claim for a real estate commission. The court reversed, holding that summary judgment was improper because material factual disputes remained regarding whether the seller agreed to the buyer's terms and why the sale did not close
• Taylor v. Liberty Mut. Ins. Co. & Milton R. Jender
  281 So. 2d 920· Fla. 2d DCA· 1973-08-08
  Appellant Taylor challenged a summary judgment in a personal injury action against Liberty Mutual Insurance and driver Milton Jender. The appellate court reversed, finding genuine issues of material fact precluded summary judgment even though Taylor failed to file opposing affida
• Travel Internationale, Ltd. v. Batchelor
  234 So. 2d 648· Fla.· 1970-04-22
  The court held that the District Court of Appeal did not err in affirming summary judgment, as its language was not in conflict with prior precedent when properly interpreted.
• Ross v. Lake City Equity Fin. Corp.
  425 F.2d 1· 7th Cir.· 1970-03-23
• Pac. Indem. Co. v. Pinellas Cnty.
  214 So. 2d 58· Fla. 2d DCA· 1968-09-18
  Pacific Indemnity Company appeals a summary judgment award to Pinellas County for $3,115, representing the difference between Indemnity's low bid and the next-lowest bid for insurance coverage. The court reversed, finding that genuine issues of material fact existed regarding mut
• Neal v. Fla. Indus. Comm'n
  31 Fla. Supp. 94· Leon Cty. Cir. Ct.· 1968-08-05
  The court held that the Florida Industrial Commission was illegally constituted because Chairman Thomas W. Johnston, who had a 21-year career with insurance companies handling workers' compensation claims, should have been classified as an employer representative under the statut
• Sol Kalos v. Vasquez
  204 So. 2d 924· Fla. 3d DCA· 1967-12-12
  This case involves a personal injury lawsuit where the plaintiff appealed a summary final judgment granted to the car owner, Armando Vasquez. The appellate court reversed the judgment, finding that genuine issues of material fact remained regarding consent for the car's use.
• Arla Jean Parmerter and Richard Parmerter v. Osteopathic Gen. Hosp.
  203 So. 2d 21· Fla. 3d DCA· 1967-10-17
  Plaintiffs sued three doctors and a hospital for negligence in obstetric care, claiming injuries to the mother and infant. The trial court granted summary judgment for all defendants, but the appellate court reversed, holding that the plaintiffs' expert affidavit raised genuine i
• Dutton v. Ryder's Motel Inc.
  200 So. 2d 823· Fla. 2d DCA· 1967-07-07
  Plaintiffs appealed summary judgment dismissing their negligence action against a motel for injuries sustained in a fall on the motel's stairway. The court reversed, holding that summary judgment was improper in a negligence action where the plaintiff could not testify as to the
• Emil Biro v. Geiser
  199 So. 2d 461· Fla.· 1967-05-31
  The Florida Supreme Court reversed a summary judgment for executors of a deceased's estate in a promissory note action, holding that a defendant's bare denial of consideration in a pleading does not shift the burden to the plaintiff to produce evidence at the summary judgment sta
• E. M. Deehl et ux. v. Sparks Constr. Co., Inc.
  191 So. 2d 605· Fla. 3d DCA· 1966-10-18
  Homeowners appealed summary judgment granted in favor of a construction company after a tornado damaged their residence. The court reversed, finding that the defendant failed to meet its burden of proving the absence of genuine issues of material fact regarding alleged defects in
• Sakowitz v. Marshall
  146 So. 2d 105· Fla. 3d DCA· 1962-11-05
  The appellate court affirmed a summary final judgment entered in favor of the defendant-appellee, finding that the defendant met the burden of establishing the absence of genuine issues of material fact.
• Vihon v. McCORMICK
  109 So. 2d 400· Fla. 2d DCA· 1958-12-10
  In this negligence action arising from a fatal automobile collision at an intersection controlled by blinking traffic lights, the court reversed summary judgment for defendant McCormick while affirming it for defendant Ford, holding that genuine issues of material fact existed re