Burden Of Proof In Summary Judgment

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

• Star Lakes Ests. Ass'n, Inc. v. Dory Auerbach and Hortense Auerbach
  656 So. 2d 271· Fla. 3d DCA· 1995-06-21 ·cited 15×
  A condominium association appealed an attorney's fees award in a foreclosure action against unit owners, while the owners cross-appealed the grant of summary judgment for foreclosure. The court reversed the summary judgment, finding that disputed material facts existed regarding
• Alpha Elec. Supply, Inc. v. Drake Contracting, Inc.
  407 So. 2d 363· Fla. 5th DCA· 1981-12-16 ·cited 15×
  Alpha Electric Supply appeals from summary judgment in Drake Contracting's favor on a contract dispute. Alpha, a material supplier, agreed to relinquish lien rights in exchange for Drake making joint checks to both Alpha and the electrical subcontractor United Electric Company. T
• Feltus v. U.S. Bank Nat'l Ass'n
  80 So. 3d 375· Fla. 2d DCA· 2012-01-27 ·cited 14×
  Julia Feltus appeals a foreclosure judgment where U.S. Bank sought to reestablish a lost promissory note and foreclose her mortgage. The court reverses because U.S. Bank failed to establish the absence of genuine issues of material fact and entitlement to foreclosure as a matter
• O'Donnell v. Bellsouth Advertising & Publ'g Corp.
  906 So. 2d 1264· Fla. 4th DCA· 2005-07-27 ·cited 14×
• Becker v. Tenenbaum-Hill Assocs.
  914 F.2d 107· 7th Cir.· 1990-09-20 ·cited 14×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding their misrepresentation claim, thus affirming the grant of summary judgment.
• Barnebey v. E.F. Hutton & Co.
  715 F. Supp. 1512· M.D. Fla.· 1989-06-19 ·cited 14×
  The court denied summary judgment on counterclaims, finding the indemnity clause enforceable for attorneys' fees and costs on unsuccessful claims, and that the fraud counterclaim was sufficiently pled.
• Nour v. ALL State Pipe Supply Co.
  487 So. 2d 1204· Fla. 1st DCA· 1986-05-01 ·cited 14×
  All State Pipe Supply Company sued Anthony Nour for money due on account and goods sold and delivered, obtaining summary judgment. The First District Court of Appeal reversed, holding that All State's affidavit in support of summary judgment was insufficient as a matter of law be
• Mo. Pac. R.R. Co. v. Nat'l Milling Co., Inc.
  409 F.2d 882· 3d Cir.· 1969-04-03 ·cited 14×
  A carrier is estopped from collecting freight charges from a consignee when the carrier marked the bill of lading as 'prepaid,' and the consignee, relying on this notation, paid the shipper for the freight charges.
• McCUTCHEON v. Seaboard AIR Line R.R. Co.
  133 So. 2d 660· Fla. 3d DCA· 1961-10-23 ·cited 14×
  A pedestrian sued a railroad company and conductor for injuries sustained when struck by a railroad car in the defendant's freight yard. The trial court granted summary judgment for the defendants, but the appellate court reversed, finding material factual disputes regarding whet
• Vander Voort v. Universal Prop. & Cas. Ins. Co.
  127 So. 3d 536· Fla. 4th DCA· 2012-10-31 ·cited 13×
  The Vander Voorts appealed a summary judgment denying their homeowners insurance claim for damage to furniture discovered upon delivery in April 2010. The court reversed, finding that employee affidavits established an unbroken chain of custody showing the furniture was undamaged
• Deutsch v. Global Fin. Servs., LLC
  976 So. 2d 680· Fla. 2d DCA· 2008-03-19 ·cited 13×
  Summary judgment in favor of the party seeking to quiet title was improper where genuine issues of material fact remain regarding whether the property owner received adequate notice of the tax sale, specifically whether taxing authorities knew or should have known of a change of
• Jones Constr. Co. of Cent. Fla., Inc. v. Fla. Workers' Comp. Jua, Inc.
  793 So. 2d 978· Fla. 2d DCA· 2001-02-02 ·cited 13×
  Florida Workers' Compensation JUA, Inc. sought summary judgment against Jones Construction Company for unpaid workers' compensation insurance premiums totaling over $3 million. The appellate court reversed the trial court's grant of summary judgment, holding that FWCJUA failed to
• Valk v. J.E.M. Distribs. OF Tampa BAY, Inc.
  700 So. 2d 416· Fla. 2d DCA· 1997-09-26 ·cited 13×
  Valk claimed ownership of a leasehold on office space that he argued was granted to him as payment for services, not as security for a debt. The trial court granted summary judgment to the building owner KWPH, treating the lease as a mortgage that was extinguished in bankruptcy p
• First Nat'l Ent. Corp. v. Brumlik
  531 So. 2d 403· Fla. 5th DCA· 1988-09-22 ·cited 13×
  Failure of consideration is a viable affirmative defense between original parties to a negotiable instrument, requiring proof that the maker received all of the promised consideration, not merely that some consideration was given. A payee's affidavit that only asserts that some c
• Ouida W. LEE v. The Celotex Corp.
  764 F.2d 1489· 11th Cir.· 1985-07-12 ·cited 13×
  The dissenting judge believes the majority failed to draw reasonable inferences in favor of the non-moving party regarding product exposure.
• Platel v. Maronda Homes Inc. OF Fla.
  423 So. 2d 627· Fla. 5th DCA· 1982-12-22 ·cited 13×
  Platel purchased a home from Maronda Homes under a contract that did not specify square footage. The builder allegedly represented the house would be 1,100 square feet but constructed it with only 911 square feet (measured by interior walls). The trial court granted summary judgm
• Rich v. Narog
  366 So. 3d 1111· Fla. 3d DCA· 2022-09-21 ·cited 12×
  The appellate court affirmed a lower court's order granting partial summary judgment against a personal representative. The court found that the personal representative improperly paid personal debts of the decedent from the estate's assets without creditors filing timely claims,
• Master Tech Satellite, Inc. v. Mastec N. Am., Inc.
  49 So. 3d 789· Fla. 3d DCA· 2010-10-27 ·cited 12×
  A contract entered into by an unlicensed contractor is unenforceable under section 489.532, Florida Statutes, where the scope of work includes installation of low-noise blocks requiring wiring to an electrical source and grounding.
• Carlton v. Germany Hammock Groves
  803 So. 2d 852· Fla. 4th DCA· 2002-01-02 ·cited 12×
  The court held that the statute of limitations does not bar claims for nuisance and trespass if the injury is recurring and abatable, but it does bar claims for express and implied easements when the adverse party prevents use.
• CSX Transp., Inc. v. Pasco Cnty.
  660 So. 2d 757· Fla. 2d DCA· 1995-08-23 ·cited 12×
  CSX Transportation appeals a summary judgment granted to Pasco County in a negligence and breach of contract action arising from a motor vehicle striking railroad tracks during highway construction, causing a train derailment. The appellate court reverses, finding material factua
• Humphreys v. Gen. Motors Corp.
  839 F. Supp. 822· N.D. Fla.· 1993-12-13 ·cited 12×
  The court held that the defendant was entitled to summary judgment because the plaintiffs failed to present any evidence of a defect, substantial change, or causation for their strict liability and negligence claims.
• Horizon S. Master Home Owners Ass'n, Inc. v. Walter B. West and wife
  591 So. 2d 665· Fla. 1st DCA· 1991-12-20 ·cited 12×
  Horizon South Master Home Owners Association and SUCO, Inc. appeal a permanent injunction preventing them from interfering with a fence on the plaintiffs' driveway. The court reverses, finding that the trial court granted summary judgment on a boundary by acquiescence claim witho
• Vibrant Video, Inc. v. Dixie Pointe Assocs.
  567 So. 2d 1003· Fla. 3d DCA· 1990-10-09 ·cited 12×
  Vibrant Video appeals summary judgment entered against it as a commercial tenant for breach of lease. The court reversed, holding that the landlord's claim for future rent losses must be reduced to present value, a calculation the trial court failed to perform.
• Watherwax v. Allstate Ins. Co.
  538 So. 2d 108· Fla. 2d DCA· 1989-02-08 ·cited 12×
  The court held that the insured's affidavits created a genuine issue of material fact regarding whether the insurer was prejudiced by a settlement with the tortfeasor made without the insurer's consent.
• Cheshire v. Magnacard, Inc.
  510 So. 2d 1231· Fla. 2d DCA· 1987-08-14 ·cited 12×
  Cheshire invested in Bliss-sponsored limited partnerships financed through promissory notes and later challenged a debt collection suit on securities fraud defenses. The trial court granted summary judgment against Cheshire on grounds not presented in the motion, violating proced
• Hegg v. United States
  817 F.2d 1328· 8th Cir.· 1987-05-08 ·cited 12×
  The court held that the Iowa recreational use statute applies to the United States, and the plaintiff failed to present sufficient evidence of willful or malicious conduct to overcome the statute's immunity from liability.
• Romero v. Midland Funding LLC
  358 So. 3d 806· Fla. 3d DCA· 2023-03-08 ·cited 11×
  Summary judgment was properly granted where the moving party met its initial burden of showing no genuine dispute of material fact and the nonmoving party failed to file any response to the motion or come forward with evidence demonstrating a disputed material fact.
• Kieffer v. Atheists of Fla., Inc.
  269 So. 3d 656· Fla. 2d DCA· 2019-05-01 ·cited 11×
  John Kieffer appealed summary judgment dismissing his defamation claim against Atheists of Florida, Inc. and Edward Gollobith based on statements that he misappropriated organization funds. The trial court found the statements substantially true and protected by qualified privile
• Margarett Fields v. The Devereux Found., Inc.
  244 So. 3d 1193· Fla. 2d DCA· 2018-05-04 ·cited 11×
  An employer moving for summary judgment on vicarious liability for an employee's intentional tort must present affidavits or other summary judgment evidence demonstrating the nonexistence of material facts; a bare assertion without supporting evidence is insufficient to shift the
• McNABB v. Taylor Elevator Corp.
  203 So. 3d 184· Fla. 2d DCA· 2016-08-17 ·cited 11×
  The trial court erred in granting summary judgment by improperly weighing evidence and discounting an expert affidavit that raised a material issue of fact.
• Schrank v. Pearlman
  683 So. 2d 559· Fla. 3d DCA· 1996-10-23 ·cited 11×
  Edward Schrank appeals a partial summary judgment holding him liable for equitable contribution to co-guarantors Philip and Anita Pearlman on a 1986 bank loan. The court reverses, holding that a claim for equitable contribution is governed by a four-year statute of limitations (n
• Woodruff v. Gov't Emps. Ins. Co. & USAA Prop. & Cas. Ins.
  669 So. 2d 1114· Fla. 1st DCA· 1996-03-19 ·cited 11×
  Sharon Woodruff appealed a summary judgment dismissing her claim for uninsured motorist coverage under a USAA insurance policy issued to another person. The court affirmed, holding that Woodruff failed to present evidence of material facts to defeat the summary judgment and did n
• Tompkins v. Montague Rosenberg
  194 So. 2d 688· Fla. 3d DCA· 1967-02-07 ·cited 11×
  Plaintiff Tompkins appealed a summary judgment order favoring defendant Rosenberg in an escrow dispute. The court reversed, holding that Rosenberg failed to meet his burden as the moving party to conclusively eliminate all material factual issues, particularly regarding his relat
• Adeon Brownlee v. 22nd Ave. Apts., LLC
  389 So. 3d 695· Fla. 3d DCA· 2024-04-10 ·cited 10×
  Adeon Brownlee, a non-resident shot by an unknown assailant at an apartment complex, appealed summary judgment in his premises liability action against the property owner and manager. The court affirmed, holding that defendants owed no duty to protect against the unforeseeable, t
• Helping Hand Private Found., Inc. v. Ocean Palms Beach Club, Inc.
  77 So. 3d 896· Fla. 5th DCA· 2012-01-20 ·cited 10×
  Summary judgment was improper because the moving party failed to meet its burden of disproving affirmative defenses or establishing their legal insufficiency.
• Richardson v. Wal-Mark Contracting Grp., LLC, L.C.
  814 So. 2d 534· Fla. 2d DCA· 2002-04-26 ·cited 10×
  Richardson, an employee injured when he tripped over metal studs that fell from a stack, appealed summary judgment granted to West Star, the framing subcontractor. The court reversed, holding that genuine issues of material fact existed regarding West Star's responsibility for st
• Jones v. State Farm Mut. Auto. Ins. Co.
  694 So. 2d 165· Fla. 5th DCA· 1997-06-06 ·cited 10×
  Keith Jones appealed a summary judgment dismissing his claims for PIP and underinsured motorist benefits against State Farm. The court reversed, finding that factual disputes existed regarding whether State Farm properly required an independent medical examination in Daytona Beac
• Kaufman v. Mut. OF Omaha Ins. Co.
  681 So. 2d 747· Fla. 3d DCA· 1996-07-31 ·cited 10×
  Jane Kaufman appeals summary judgment in favor of Mutual of Omaha Insurance Company, which attempted to rescind her daughter's major medical insurance policy over two years after issuance based on alleged fraudulent misstatements. The court reverses, holding that the policy's inc
• Stepp v. State Farm Fire & Cas. Co.
  656 So. 2d 494· Fla. 1st DCA· 1995-03-17 ·cited 10×
  The Stepps appealed a summary judgment ruling that State Farm had no duty to cover or defend under Herald's homeowner's insurance policy for injuries Herald caused by shooting Stepp, because the shooting was not an accidental occurrence but rather an intentional or willful act ex
• Woods v. City OF Miami
  646 So. 2d 836· Fla. 3d DCA· 1994-12-14 ·cited 10×
  Geraldine Woods appealed a summary judgment dismissing her personal injury action against the City of Miami for injuries allegedly caused by a police officer who knocked her down in a courthouse corridor. The court reversed, holding that whether a police officer was acting within
• Dep't OF Transp. v. Spioch
  642 So. 2d 788· Fla. 1st DCA· 1994-09-14 ·cited 10×
  The Department of Transportation appeals a jury verdict finding it negligent in inspecting and maintaining a bridge that collapsed, injuring two plaintiffs. The court affirms, holding that the Department's duty to inspect bridges includes examining structural components like pili
• Tobey v. Extel/JWP
  985 F.2d 330· 7th Cir.· 1993-02-22 ·cited 10×
  Summary judgment for the employer is affirmed because the plaintiff failed to provide evidence that sexual harassment caused her resignation, despite procedural errors in granting the summary judgment.
• Stanley Indus., Inc. v. WM Barr & Co., Inc.
  784 F. Supp. 1570· S.D. Fla.· 1992-02-11 ·cited 10×
  The court held that genuine issues of material fact exist regarding the adequacy of the warning and proximate cause, precluding summary judgment.
• Skotak v. Tenneco Resins, Inc.
  953 F.2d 909· 5th Cir.· 1992-02-03 ·cited 10×
  The dissenting opinion argues that the majority erred in affirming summary judgment because the plaintiffs presented sufficient evidence to create a genuine issue of material fact regarding the adequacy of the manufacturer's warning about the cancer risks associated with Thorotra
• Lopez v. CORPORACIÓN Azucarera de Puerto RICO
  938 F.2d 1510· 1st Cir.· 1991-07-29 ·cited 10×
  A post-judgment motion questioning the legal correctness of a judgment, even if labeled Rule 60(b), is treated as a Rule 59 motion, thus tolling the appeal period. The employer bears the burden to prove the applicability of the FLSA harvest exemption.
• Freeman v. Fleet Supply, Inc.
  565 So. 2d 870· Fla. 1st DCA· 1990-08-14 ·cited 10×
  Lloyd Freeman appealed a summary judgment entered in favor of Fleet Supply, Inc., which had repaired Freeman's truck brakes two months before they failed, causing Freeman's injuries. The First District Court of Appeal reversed, finding that Fleet Supply failed to carry its initia
• J.F. Feeser, Inc. v. Serv-A-Portion, Inc.
  909 F.2d 1524· 3d Cir.· 1990-08-02 ·cited 10×
  The court held that a plaintiff alleging a Sherman Act Section 1 claim based on vertical price discrimination must demonstrate an adverse effect on competition in a relevant market, not just harm to individual competitors.
• Peninsula Yacht CAY Dev., Inc. v. S. Floridabanc Sav. Ass'n
  552 So. 2d 1139· Fla. 3d DCA· 1989-10-17 ·cited 10×
  Summary judgment is appropriate even when fraud is alleged if the moving party tenders competent evidence demonstrating the nonexistence of a genuine issue of material fact, and the opposing party fails to come forward with counter evidence.
• Mahl v. Dade Pipe & Plumbing Supply Co., Inc.
  546 So. 2d 740· Fla. 3d DCA· 1989-06-13 ·cited 10×
  The court held that summary judgment was proper because the plaintiff failed to present evidence identifying the manufacturer or supplier of the allegedly defective product.
• Am. Crime Prevention Corp. v. Computerized Monitoring Serv., Inc.
  539 So. 2d 1175· Fla. 5th DCA· 1989-03-16 ·cited 10×
  The court held that the trial court erred in granting summary judgment because a genuine issue of material fact existed regarding the number of letters sent to customers.