Burden Of Proof In Summary Judgment

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

• The Coca-Cola Co. v. Overland, Inc.
  692 F.2d 1250· 9th Cir.· 1982-11-18 ·cited 35×
  The court held that Overland's defenses and antitrust counterclaim failed to raise genuine issues of material fact, and Coca-Cola was entitled to judgment as a matter of law.
• Lake v. Ilias Konstantinu and Parke
  189 So. 2d 171· Fla. 2d DCA· 1966-07-15 ·cited 35×
  William Lake sued Parke, Davis & Company and a physician for his daughter's death allegedly caused by the drug Chloromycetin (chloramphenicol). The trial court entered summary judgment for Parke, Davis, but the appellate court reversed, holding that material factual disputes exis
• Sterling Mirror Co., LLC v. THE Jordon Glass Corp.
  Fla. 3d DCA· 2022-06-22 ·cited 34×
  Summary judgment was properly granted where the moving party was entitled to judgment as a matter of law and no genuine issue of material fact existed.
• Fatherly v. Cal. Fed. Bank, FSB
  703 So. 2d 1101· Fla. 2d DCA· 1997-10-31 ·cited 33×
  Florida appellate court reversed summary judgment foreclosing a mortgage, holding that disputed issues of material fact regarding proper crediting of payments and estoppel precluded summary judgment, and that the trial court abused its discretion in denying the homeowner's motion
• Hurricane Boats, Inc. v. Certified Indus. Fabricators, Inc.
  246 So. 2d 174· Fla. 3d DCA· 1971-03-30 ·cited 33×
  Hurricane Boats appealed from summary judgments entered in favor of Certified Industrial Fabricators in a goods sold and account stated case. The court reversed, holding that the affidavits supporting the summary judgment motions failed to comply with Florida procedural rules req
• U. S. Fire Ins. Co. v. Progressive Cas. Ins. Co. & Phillip Hurlock
  362 So. 2d 414· Fla. 2d DCA· 1978-08-25 ·cited 32×
  U.S. Fire Insurance sued for contribution against Hurlock and his insurer Progressive, claiming comparative negligence in an automobile accident. The trial court granted summary judgment for the defendants, but the appellate court reversed, holding that genuine issues of material
• Kentron Hawaii v. Warner
  480 F.2d 1166· D.C. Cir.· 1973-06-15 ·cited 32×
  The court held that the Navy failed to provide sufficient evidence to justify an exemption from wage determination requirements, and the burden was improperly placed on the bidder.
• Jenkins v. Graham
  237 So. 2d 330· Fla. 4th DCA· 1970-06-29 ·cited 32×
  The Fourth District Court of Appeal reversed a summary judgment for a mechanic's lien, holding that while the contractor had a right to lien the lessors' fee interest in the property, there remained a material factual question about whether the contractor had a duty to mitigate d
• LAB v. Hall
  200 So. 2d 556· Fla. 4th DCA· 1967-06-27 ·cited 32×
  Summary judgment is inappropriate in medical malpractice cases where genuine issues of material fact exist as to whether the defendant breached the applicable standard of care and whether any breach was causally connected to the patient's death. In this case, issues of fact exist
• The Est. OF Norma J. Johnson v. Badger Acquisition OF Tampa LLC
  983 So. 2d 1175· Fla. 2d DCA· 2008-04-04 ·cited 31×
  The Estate of Norma J. Johnson appealed a summary judgment granted in favor of Omnicare, a pharmaceutical consulting company, arguing that Omnicare owed a legal duty of care to Mrs. Johnson as a nursing home resident. The Florida appellate court affirmed, holding that consultant
• Golden OIL Co., Inc. v. Exxon Co.
  543 F.2d 548· 5th Cir.· 1976-12-06 ·cited 31×
  Summary judgment for Exxon on its counterclaim is affirmed because Golden Oil failed to create a genuine issue of material fact regarding its alleged debt on an open account.
• Siegel v. Tower Hill Signature Ins. Co.
  225 So. 3d 974· Fla. 3d DCA· 2017-08-30 ·cited 30×
  Homeowners David and Tamara Siegel appeal summary judgment in favor of their insurer, Tower Hill Signature Insurance Company, regarding an underpayment claim for water damage caused by a collapsed drain line. The court reverses, finding genuine issues of material fact exist regar
• Williams v. Shell OIL Co. & Ins. Co. of N. Am.
  677 F.2d 506· 5th Cir.· 1982-06-04 ·cited 30×
  The court held that summary judgment was improperly granted because a genuine issue of material fact exists regarding whether the work performed by the plaintiff was part of the principal's trade, business, or occupation.
• Danni Gail Byrd v. Leach
  226 So. 2d 866· Fla. 4th DCA· 1969-10-08 ·cited 30×
  An eight-year-old girl was struck by a pickup truck operated by defendant Drude. The trial court granted summary judgment for the defendants, finding no negligence. The appellate court affirmed, holding that the undisputed facts established the child stepped into the truck's path
• Doff v. Brunswick Corp.
  372 F.2d 801· 9th Cir.· 1966-12-28 ·cited 30×
  The court held that the appellants failed to raise a genuine issue of material fact regarding Transa's default, thus summary judgment for Brunswick was proper.
• Kramer v. State Farm Fla. Ins. Co.
  95 So. 3d 303· Fla. 4th DCA· 2012-07-18 ·cited 29×
  The Kramers appealed summary judgment in favor of State Farm for their hurricane damage claim. The court affirmed, holding that the insureds' failure to provide timely notice and proof of loss violated conditions precedent to suit, and their structural engineer's affidavit failed
• Fleming v. Peoples First Fin. Sav. & Loan Ass'n
  667 So. 2d 273· Fla. 1st DCA· 1995-09-05 ·cited 29×
  The court held that the trial court did not err in granting summary judgment on the counterclaims, denying leave to amend, or awarding attorney's fees.
• Stop & Shoppe Mart, Inc. v. Zahra Mehdi
  854 So. 2d 784· Fla. 5th DCA· 2003-09-05 ·cited 28×
  Stop & Shoppe Mart challenges a summary judgment award of unpaid overtime compensation to employee Zahra Mehdi under the Fair Labor Standards Act. The court reverses, holding that the employee failed to meet her burden of proving willfulness and the good faith defense affirmative
• Nicholas Acoustics & Specialty Co. v. H & M Constr. Co., Inc.
  695 F.2d 839· 5th Cir.· 1983-01-17 ·cited 28×
  A subcontract clause allowing a contractor to withhold final payment until the owner pays the contractor must be interpreted to allow withholding only for a reasonable time after the subcontractor completes its work, not indefinitely.
• Weisberg v. United States Dep't of Just.
  627 F.2d 365· D.C. Cir.· 1980-04-28 ·cited 28×
  The court held that summary judgment was improper because a genuine issue of material fact remained regarding whether the Department of Justice had disclosed all available material within the scope of the plaintiff's FOIA request.
• Felix v. Coleman A. Young
  536 F.2d 1126· 6th Cir.· 1976-06-17 ·cited 28×
  The court held that the challenged ordinance is facially unconstitutional because it is overbroad and fails to specifically define the sexual conduct it seeks to regulate.
• Ass'n FOR Retarded Citizens-Volusia, Inc. v. Fletcher
  741 So. 2d 520· Fla. 5th DCA· 1999-06-18 ·cited 27×
  ARC operated a summer camp where a 17-year-old boy with uncontrolled seizures drowned and died from aspirated water and subsequent ARDS. The trial court granted summary judgment preventing ARC from arguing that negligent medical treatment caused the death, and the jury found ARC
• Lenhal Realty, Inc. v. Transamerica Commercial Fin. Corp.
  615 So. 2d 207· Fla. 4th DCA· 1993-03-03 ·cited 27×
  The court held that the appellee failed to meet its burden of proof for summary judgment regarding the guarantor's liability, as the supporting affidavit lacked personal knowledge of the signature's authenticity. The court also reversed the summary judgment against the corporate
• Weisberg v. U.S. Dep't of Just.
  705 F.2d 1344· D.C. Cir.· 1983-04-05 ·cited 27×
  The court affirmed the grant of summary judgment, finding the FBI's search for documents reasonably adequate and rejecting claims of bad faith.
• Nard, Inc. v. DeVITO Contracting & Supply, Inc.
  769 So. 2d 1138· Fla. 2d DCA· 2000-10-18 ·cited 26×
  Nard, Inc. appeals a summary judgment granted to DeVito Contracting in a construction dispute involving a motel parking lot project. The appellate court reversed, holding that genuine issues of material fact existed regarding both DeVito's counter-claim for lost profits and the i
• E.H. Ashley & Co., Inc. v. Wells Fargo Alarm Servs.
  907 F.2d 1274· 1st Cir.· 1990-07-16 ·cited 26×
  A subrogated insurer is bound by a limitation of liability clause in its insured's contract with a service provider, and such clauses in burglar alarm contracts are generally not unconscionable.
• Steed v. Cent. OF Ga. Ry. Co.
  477 F.2d 1303· 5th Cir.· 1973-05-01 ·cited 26×
  The court held that the moving party (Central) failed to meet its burden to show as a matter of law that the opposing party (Riegel) should reimburse Central for any part of its outlay.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  865 F.2d 1539· 9th Cir.· 1989-01-18 ·cited 25×
  The court held that the majority's interpretation of certain statements as evidence of conspiracy was an unwarranted inference, particularly given the lack of direct evidence and the context of the situation.
• Perez v. Laredo Junior Coll.
  706 F.2d 731· 5th Cir.· 1983-06-10 ·cited 25×
  The court held that most of the plaintiff's claims were barred by the statute of limitations as they were single acts, but the claim for continuing denial of equal protection might not be barred and requires further proceedings.
• Ari Shahar and Daphna Shahar v. Green Tree Servicing LLC
  125 So. 3d 251· Fla. 4th DCA· 2013-03-06 ·cited 24×
  The Shahar homeowners appealed a summary judgment foreclosure entered by Green Tree Servicing, asserting an affirmative defense of unclean hands based on allegations that the lender fraudulently altered their loan application without their knowledge. The appellate court reversed
• Beltz Travel Serv., Inc. v. Int'l AIR Transp. Ass'n & United Air Lines, Inc.
  620 F.2d 1360· 9th Cir.· 1980-03-20 ·cited 24×
  The court held that summary judgment was improper because the appellees failed to meet their burden of showing no genuine issue of material fact regarding their alleged participation in an antitrust conspiracy.
• Sec. Nat'l Bank v. Belleville Livestock Comm'n Co., Inc.
  619 F.2d 840· 10th Cir.· 1979-05-04 ·cited 24×
  The court held that summary judgment for the Bank was improper because genuine issues of material fact existed regarding express consent to the sales and whether the converted cattle were covered by the Bank's security interest. The court also noted that the classification of col
• Morales v. Vega
  579 F.2d 677· 1st Cir.· 1978-07-06 ·cited 24×
  The court held that the district court erred in granting summary judgment for the grievance committee members and that the case should be remanded to consider the applicability of the Puerto Rican tolling statute for the claims against the supervisory defendants.
• Brooks v. Serrano
  209 So. 2d 279· Fla. 4th DCA· 1968-04-23 ·cited 24×
  The court held that the defendant doctor's affidavit and deposition were insufficient to conclusively establish that no genuine issues of material fact existed regarding his alleged medical malpractice.
• Gidwani v. Roberts
  248 So. 3d 203· Fla. 3d DCA· 2018-05-09 ·cited 23×
  Summary judgment was improper because the moving party failed to meet its initial burden of proving the absence of genuine issues of material fact, as the only evidence supporting the claim—an unauthenticated letter—was incompetent evidence under Florida law.
• Harbor Ins. Co. v. Trammell Crow Co., Inc.
  854 F.2d 94· 5th Cir.· 1988-09-06 ·cited 23×
  Summary judgment was improperly granted because a genuine issue of material fact exists regarding when the insured's duty to notify the excess insurer arose under the policy's notice provision.
• Graff v. McNEIL
  322 So. 2d 40· Fla. 1st DCA· 1975-10-27 ·cited 23×
  This case addresses whether Florida's No-Fault Insurance Act altered the established law governing summary judgments. The court held that the Act does not change fundamental summary judgment principles, requiring that allegations in complaints be accepted as true and that summary
• Stewart Agency, Inc. v. Arrigo Enters., Inc.
  266 So. 3d 207· Fla. 4th DCA· 2019-03-06 ·cited 22×
  A FDUTPA claim for actual damages requires proof of three elements: (1) a deceptive or unfair trade practice, (2) causation, and (3) actual damages. Stewart failed to establish causation because its own admissions showed that Arrigo's conduct did not cause Stewart's decision to s
• Martins v. PNC Bank
  170 So. 3d 932· Fla. 5th DCA· 2015-07-31 ·cited 22×
  Borrowers Margaret and James Martins appealed a summary judgment in a mortgage foreclosure action brought by PNC Bank. The Florida appellate court reversed, holding that material factual disputes existed regarding PNC Bank's compliance with mortgage notice requirements, discovery
• Coral Wood Page, Inc. v. GRE Coral Wood, LP
  71 So. 3d 251· Fla. 2d DCA· 2011-10-12 ·cited 22×
  A landlord moving for summary judgment must present evidence refuting the factual basis of a tenant's affirmative defenses, not just rely on the tenant's failure to produce evidence.
• Glendora Lomack v. Mowrey
  14 So. 3d 1090· Fla. 1st DCA· 2009-06-09 ·cited 22×
  The court held that the trial court erred in granting summary judgment because the open and obvious nature of a hazard does not discharge a landowner's duty to maintain the property in a reasonably safe condition.
• Suwannee River Water Mgmt. Dist. v. Price
  651 So. 2d 749· Fla. 1st DCA· 1995-03-06 ·cited 22×
  The Suwannee River Water Management District appealed a summary judgment awarding a prescriptive easement to Patrick Price over the District's land. The court reversed, holding that Price failed to establish material elements of a prescriptive easement claim as a matter of law.
• Equal Emp. Opportunity Comm'n v. The Hernando Bank, Inc.
  724 F.2d 1188· 5th Cir.· 1984-02-13 ·cited 22×
  The court held that the Reorganization Act's unconstitutional legislative veto provision is severable, allowing the transfer of Equal Pay Act enforcement authority to the EEOC, and that conciliation is not a prerequisite to filing an Equal Pay Act suit. The court also found that
• Monta H. Penton v. Crown Zellerbach Corp.
  699 F.2d 737· 5th Cir.· 1983-03-07 ·cited 22×
  The court held that the defendant principal employer failed to meet its burden of proving that the plaintiff's work was part of its usual and customary practice, thus reversing the grant of summary judgment.
• Bunner v. Fla. Coast Bank OF Coral Springs, N.A.
  390 So. 2d 126· Fla. 4th DCA· 1980-11-12 ·cited 22×
  The Bunners purchased a defective automobile financed through a Security Agreement with Florida Coast Bank. When the bank sought summary judgment on the Bunners' default, the court reversed, holding that the bank failed to address the Bunners' affirmative defense of breach of war
• Stringfellow v. State Farm Fire & Cas. Co.
  295 So. 2d 686· Fla. 2d DCA· 1974-06-05 ·cited 22×
  Stringfellow sued State Farm and the Davises for personal injuries from an automobile collision, but State Farm moved for summary judgment claiming it had no coverage. The trial court granted summary judgment based on State Farm's affidavit alone, but the appellate court reversed
• Cristobal Colon v. JP Morgan Chase Bank, NA
  162 So. 3d 195· Fla. 5th DCA· 2015-02-06 ·cited 21×
  Cristobal Colon appeals a summary judgment foreclosure entered against him by JP Morgan Chase Bank. The court reversed the judgment, holding that the bank failed to provide competent evidence to rebut Colon's affirmative defense that the bank did not comply with the notice requir
• E. Qualcom Corp. v. Global Commerce Ctr. Ass'n, Inc.
  59 So. 3d 347· Fla. 4th DCA· 2011-04-27 ·cited 21×
  E. Qualcom Corp. appeals summary judgments entered against it in a foreclosure action by Global Commerce Center Association for unpaid assessments. The Fourth District Court of Appeal reversed, holding that the Association failed to meet its burden of proving the absence of genui
• Alan's OF Atlanta, Inc. v. Minolta Corp.
  903 F.2d 1414· 11th Cir.· 1990-06-22 ·cited 21×
  Summary judgment was inappropriate because genuine issues of material fact exist regarding the "proportionally equal terms" requirement for sections 2(d) and (e) claims, and the "meeting competition" defense under section 2(b).
• Sharon v. Childers
  842 F.2d 689· 3d Cir.· 1988-03-22 ·cited 21×
  The court held that a plaintiff opposing summary judgment must present specific facts contradicting the movant's evidence, and that dealers selling products are liable under § 402A even if they did not alter the product.