Burden Of Proof In Summary Judgment

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

• Home Ins. Co. & N. River Ins. Co. as subrogees for Athlone Indus., Inc. v. C & G Sporting Goods, Inc.
  453 So. 2d 121· Fla. 1st DCA· 1984-07-10 ·cited 21×
  The court held that the retailer did not meet its initial burden of proving the absence of a genuine issue of material fact regarding receipt of warning notices, thus summary judgment was improperly granted.
• LEE v. Hinson
  160 So. 2d 166· Fla. 2d DCA· 1964-01-31 ·cited 21×
  A motorist sued a horse owner for negligence after his automobile collided with the owner's horses that had escaped onto a public highway at night. The trial court granted summary judgment for the defendant, and the appellate court affirmed, holding that the defendant established
• Scotty Lamar POE v. IMC Phosphates MP, Inc.
  885 So. 2d 397· Fla. 2d DCA· 2004-10-15 ·cited 20×
  In this premises liability case, the Florida District Court of Appeal reversed a summary judgment dismissing claims by the Poe family after Mr. Poe's vehicle struck an unmarked metal pipe barrier on private property that resembled a continuation of a public road. The court held t
• Hall v. Burger King Corp.
  912 F. Supp. 1509· S.D. Fla.· 1995-11-13 ·cited 20×
  The court held that the plaintiffs' claims were barred by general releases they had executed, as the releases were clear, unambiguous, and the plaintiffs were aware of their claims and represented by counsel when signing them.
• Elbert Brown and Edith Brown v. Armstrong World Indus., Inc.
  441 So. 2d 1098· Fla. 3d DCA· 1983-11-01 ·cited 20×
  The trial court granted summary judgment for asbestos manufacturers based on the statute of limitations, finding that the Browns' action filed in 1979 was barred by the four-year limitations period. The appellate court reversed, holding that a genuine factual issue existed about
• Hoover v. Switlik Parachute Co.
  663 F.2d 964· 9th Cir.· 1981-12-14 ·cited 20×
  Depositions taken before a party's joinder can be considered as affidavits in support of a summary judgment motion, but summary judgment was improperly granted because genuine issues of material fact were raised.
• Bullard v. OMI Ga., Inc.
  640 F.2d 632· 5th Cir.· 1981-03-23 ·cited 20×
  Summary judgment was inappropriate because a genuine issue of material fact existed regarding whether the discrimination alleged was based on race, which is actionable under 42 U.S.C. § 1981, or solely on national origin, which is not.
• Arla Jean Parmerter and Richard Parmerter v. Osteopathic Gen. Hosp.
  196 So. 2d 505· Fla. 3d DCA· 1967-03-14 ·cited 20×
  The court held that the hospital failed to meet its burden of showing that its intern was not acting as its agent at the time of the alleged negligent acts, thus precluding summary judgment.
• Petruska v. Smartparks-Silver Springs, Inc.
  914 So. 2d 502· Fla. 5th DCA· 2005-11-18 ·cited 19×
  Barbara Petruska appeals a summary judgment granted for a park operator after she was injured when struck by a baby stroller while exiting a festival. The Fifth District Court of Appeal reversed, holding that Petruska's testimony created genuine issues of material fact regarding
• Derogatis v. Fawcett Mem'l Hosp.
  892 So. 2d 1079· Fla. 2d DCA· 2004-11-03 ·cited 19×
  Shannon Derogatis, an employee of American Endoscopy Services (AES), was injured in a slip-and-fall at Fawcett Memorial Hospital where she worked as an on-site manager. The trial court granted summary judgment for Fawcett based on workers' compensation immunity under the borrowed
• O'Brien v. Fed. Tr. Bank
  727 So. 2d 296· Fla. 5th DCA· 1999-02-12 ·cited 19×
  The court held that the trial court erred in denying leave to amend to assert a federal RICO claim, as it was not barred by res judicata, collateral estoppel, or the statute of limitations.
• Wong v. Crown Equip. Corp. & Life Sys., Inc.
  676 So. 2d 981· Fla. 3d DCA· 1996-02-28 ·cited 19×
  Summary judgment was properly granted to equipment manufacturers where the plaintiff could not prove proximate causation between an alleged product defect and the decedent's fatal fall, despite the decedent's use of the equipment without required safety devices and absence of eye
• Dunn v. Stack
  418 So. 2d 345· Fla. 1st DCA· 1982-08-05 ·cited 19×
  In this quiet title action involving competing mineral leases in Florida's Panhandle, the court reversed a summary judgment for the appellees, finding material factual disputes about whether the appellants were bona fide purchasers for value without notice of a prior probate leas
• JOE Regueira, Inc. v. The Am. Distilling Co., Inc.
  642 F.2d 826· 5th Cir.· 1981-04-17 ·cited 19×
  The court held that summary judgment was appropriate for the defendant on both the contract and antitrust claims because the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the existence of a perpetual contract or an unlawful a
• Turner Produce Co., Inc. v. Lake Shore Growers Coop. Ass'n
  217 So. 2d 856· Fla. 4th DCA· 1969-01-14 ·cited 19×
  Maryland National Insurance Company, as surety on an agricultural dealer's bond, appeals a summary judgment awarding damages to Lake Shore Growers Cooperative Association for unpaid invoices. The court affirmed, holding that where a debtor owes multiple debts to a creditor and ma
• Godshalk v. Countrywide Home Loans Servicing, L.P.
  81 So. 3d 626· Fla. 5th DCA· 2012-03-09 ·cited 18×
  The appellate court affirmed the summary judgment in favor of the lender in a foreclosure action, holding that the borrower failed to properly plead the denial of a condition precedent. The borrower's "shotgun denial" was too broad and did not specify which required notices were
• Manassas Invs., Inc. v. Edward J.A. O'Hanrahan, Jr.
  817 So. 2d 1080· Fla. 2d DCA· 2002-06-07 ·cited 18×
• Gonzalez v. B & B Cash Grocery Stores, Inc.
  692 So. 2d 297· Fla. 4th DCA· 1997-04-30 ·cited 18×
  Blanca Gonzalez slipped and fell on a slippery substance at a grocery store the morning after the floors were professionally waxed. The trial court granted summary judgment for the defendant, but the appellate court reversed, holding that genuine issues of material fact exist reg
• Green v. CSX Transp., Inc.
  626 So. 2d 974· Fla. 1st DCA· 1993-10-08 ·cited 18×
  This case involves an employee suing his employer under the Federal Employers’ Liability Act (FELA). The appellate court reversed the trial court's grant of summary judgment, finding that the lower court applied the wrong legal standard under Florida law.
• Mitchell v. Toledo Hosp.
  964 F.2d 577· 6th Cir.· 1992-05-21 ·cited 18×
  The court held that the employee handbook's 'misuse' provision was not clearly established as a basis for termination, creating a genuine issue of material fact regarding pretext for discrimination.
• Mohumman Iqbal Zabrani v. Riveron
  495 So. 2d 1195· Fla. 3d DCA· 1986-09-23 ·cited 18×
  Mohumman Zabrani sought insurance proceeds from his wife's death, but her parents (the Riverons) challenged his entitlement, alleging he murdered her with his girlfriend Iris Monroy. The trial court granted summary judgment for the Riverons based on Monroy's sworn confession impl
• Strickland v. Roberts
  382 So. 2d 1338· Fla. 5th DCA· 1980-04-30 ·cited 18×
  Summary judgment was proper because, as a matter of law, the defendant's alleged negligence was not a proximate cause of the plaintiff's injury, and the plaintiff assumed the risk of his deliberate and dangerous practice of skiing as close as possible to the dock to spray water o
• Holl v. Talcott
  191 So. 2d 40· Fla.· 1966-06-01 ·cited 18×
  A medical malpractice case where the trial court granted summary judgment for physicians and a hospital based on defendant affidavits countering negligence allegations. The Florida Supreme Court reversed, holding that defendants failed to meet their burden of proving conclusively
• Dominko v. Wells Fargo Bank, N.A.
  102 So. 3d 696· Fla. 4th DCA· 2012-12-05 ·cited 17×
  Summary judgment of foreclosure was improper because the plaintiff failed to establish that no genuine issue of material fact existed regarding compliance with the mortgage's pre-suit notice of default requirement.
• Ciolli v. City OF Palm BAY
  59 So. 3d 295· Fla. 5th DCA· 2011-04-15 ·cited 17×
  Frank Ciolli appeals a summary judgment foreclosing a code enforcement lien on his property. The court reversed because the City of Palm Bay failed to present competent evidence that Ciolli received proper notice of the underlying Code Enforcement Board hearing, creating a materi
• Boettcher v. IMC Mortg. Co.
  871 So. 2d 1047· Fla. 2d DCA· 2004-05-12 ·cited 17×
  In this dissenters' rights case under Florida Statutes section 607.1320, shareholders who dissented from IMC Mortgage Company's sale of substantial assets to Citigroup challenged the trial court's summary judgment valuing their shares at $0.035 per share. The appellate court reve
• Delandro v. Am's. Mortg. Servicing, Inc.
  674 So. 2d 184· Fla. 3d DCA· 1996-05-22 ·cited 17×
  Georgina Delandro appeals a summary judgment foreclosure on her home mortgage. The court reverses, finding that the lender failed to address her affirmative defense that she tendered payment before the mortgage was accelerated, thereby creating a genuine dispute of material fact
• Litton Indus., Inc. v. Lehman Bros. Kuhn Loeb Inc.
  967 F.2d 742· 2d Cir.· 1992-09-23 ·cited 17×
  The court held that the record lacked evidence from which a reasonable jury could conclude the Itek Board relied on the market price in assessing the Litton offer.
• Zoda v. Hedden
  596 So. 2d 1225· Fla. 2d DCA· 1992-04-10 ·cited 17×
  Henry Zoda challenges a summary judgment quieting title in real property that was the subject of a divorce property settlement agreement. The court reversed the summary judgment, finding that the Peters failed to support their motion with competent evidence as required by Florida
• Suggs v. Elliott Allen and Trisha Allen
  563 So. 2d 1132· Fla. 1st DCA· 1990-07-16 ·cited 17×
  The court held that the defendant homeowners failed to meet their burden of establishing the absence of a genuine issue of material fact for summary judgment.
• Brock v. G.D. Searle & Co.
  530 So. 2d 428· Fla. 1st DCA· 1988-08-30 ·cited 17×
  This products liability case involves a defective intrauterine device (Cu-7) that allegedly caused pelvic inflammatory disease. The trial court granted a motion in limine disguised as summary judgment, dismissing the case based on FDA approval and federal preemption, but the appe
• Eisenberg v. Ins. Co. OF N. Am.
  815 F.2d 1285· 9th Cir.· 1987-04-28 ·cited 17×
  The court held that the district court erred in granting summary judgment because the appellant presented sufficient evidence to create genuine issues of material fact regarding his claims for breach of contract and wrongful termination in violation of public policy.
• Zanghi v. The Inc. Vill. OF OLD Brookville
  752 F.2d 42· 2d Cir.· 1985-01-04 ·cited 17×
  The court held that a prior administrative finding of probable cause collaterally estops claims based on that finding, but claims of excessive force and those related to resisting arrest are not precluded and require further proceedings.
• Hoder v. Maxwell M. Sayet
  196 So. 2d 205· Fla. 3d DCA· 1967-01-31 ·cited 17×
  A widow sued a blood bank and hospital for her husband's death from homologous serum hepatitis contracted from a transfusion. The trial court granted summary judgment for both defendants, but the appellate court reversed, holding that the plaintiff stated valid causes of action f
• Black Point Assets, Inc. v. Fed. Nat'l Mortg. Ass'n ("Fannie MAE")
  220 So. 3d 566· Fla. 5th DCA· 2017-06-16 ·cited 16×
  Black Point Assets appeals a summary judgment foreclosure by Fannie Mae on a property it purchased for $2000 at a bankruptcy sale. The court affirmed, holding that Fannie Mae's complaint properly alleged all elements of foreclosure and established a prima facie case for summary j
• Pitcher v. David J. Zappitell, Zappitell & Kapral, P.A.
  160 So. 3d 145· Fla. 4th DCA· 2015-04-01 ·cited 16×
  The court held that the trial court erred in granting summary judgment based on a finding that the plaintiff had not provided sufficient evidence to establish causation, as this improperly shifted the burden to the non-moving party.
• Edwards v. Richard J. Simon, M.D.
  961 So. 2d 973· Fla. 4th DCA· 2007-06-13 ·cited 16×
  In this medical malpractice case, the trial court granted summary judgment against a plaintiff who failed to submit an expert affidavit addressing the standard of care for performing shoulder surgery. The appellate court reversed, holding that the treating physician's deposition
• Berg v. First Am. Bankshares, Inc.
  796 F.2d 489· D.C. Cir.· 1986-07-22 ·cited 16×
  The court held that the alleged defects in the proxy statement were not material misrepresentations or omissions, and thus affirmed the district court's dismissal of all claims.
• Bryant v. Shands Teaching Hosp. & Clinics, Inc.
  479 So. 2d 165· Fla. 1st DCA· 1985-11-20 ·cited 16×
  Former employees of a state-operated hospital challenged their termination by the private nonprofit corporation that assumed control of the facility, arguing that a statute governing the transition created an exception to the at-will employment doctrine. The court held that the s
• BIG O Tire Dealers, Inc. v. BIG O Warehouse
  741 F.2d 160· 7th Cir.· 1984-08-17 ·cited 16×
  The court held that there is a genuine issue of material fact regarding the identity of the entity that owes the debt, precluding summary judgment on that issue.
• Cent. Fla. Mach. Co., Inc. v. Williams
  424 So. 2d 201· Fla. 2d DCA· 1983-01-05 ·cited 16×
  Central Florida Machinery Co. appealed summary judgment in favor of an attorney and law firm in a malicious prosecution action arising from the attorney's representation of a client in an earlier wrongful death case. The court affirmed, holding that the attorney established proba
• Kelsey v. State OF Minn.
  622 F.2d 956· 8th Cir.· 1980-03-18 ·cited 16×
  The court held that a prisoner's constitutional right of access to the courts can be satisfied by adequate alternative means, even if the prison law library is inadequate.
• Edwards v. Kings Point Hous. Corp.
  351 So. 2d 1073· Fla. 4th DCA· 1977-10-11 ·cited 16×
  The court reversed summary judgments against the Edwards and Kings Point Housing Corporation because the defendant Acousti Engineering Company failed to meet its burden of proving the absence of a genuine issue of material fact, and because a non-final order could not support a r
• Kellerman v. Reubin Askew
  541 F.2d 1089· 5th Cir.· 1976-11-01 ·cited 16×
  The court held that summary judgment was improperly granted because the plaintiff's allegations were sufficient to raise genuine issues of material fact regarding the defendants' knowledge and acquiescence in constitutional deprivations.
• Smith v. AVIS Rent-A-Car Sys., Inc.
  297 So. 2d 841· Fla. 2d DCA· 1974-07-24 ·cited 16×
  In a wrongful death action arising from a truck crash allegedly caused by mechanical defects in a leased vehicle, the court reversed summary judgment granted to the defendant rental company and insurer, holding that the defendants failed to meet their burden of conclusively showi
• Season-All Indus., Inc. v. Turkiye Sise VE CAM Fabrikalari
  425 F.2d 34· 3d Cir.· 1970-04-22 ·cited 16×
  The court held that summary judgment was improperly granted due to an obscure record and procedural errors, and that a genuine issue of material fact likely existed.
• Visingardi v. Tirone
  178 So. 2d 135· Fla. 3d DCA· 1965-08-03 ·cited 16×
  In this medical malpractice appeal, the plaintiff challenged summary judgments in favor of a physician and hospital in a case alleging negligent treatment that resulted in the plaintiff's wife's death. The court affirmed the summary judgments, holding that the plaintiff failed to
• Gen. Truck Sales, Inc. v. Am. Fire & Cas. Co.
  100 So. 2d 202· Fla. 3d DCA· 1958-02-06 ·cited 16×
  General Truck Sales appealed a summary judgment entered in favor of American Fire & Casualty Company on an employees' fidelity bond claim. The court affirmed, holding that the plaintiff presented no competent evidence of embezzlement beyond unexplained bookkeeping entries and unt
• Polycarpe v. E & S Landscaping Serv., Inc.
  572 F. Supp. 2d 1318· S.D. Fla.· 2008-08-15 ·cited 15×
  The court held that the landscaping company's business was exclusively local, and therefore, the Fair Labor Standards Act (FLSA) did not apply to it under enterprise coverage, divesting the court of jurisdiction.
• Valderrama v. Portfolio Recovery Assocs., LLC
  972 So. 2d 239· Fla. 3d DCA· 2007-12-19 ·cited 15×
  The court affirmed summary judgment for a debt collector where the debtor's conclusory affidavit denying the debt failed to create a genuine issue of material fact.