Burden Of Proof In Summary Judgment

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

• Hodge v. Parke Davis & Co.
  833 F.2d 6· 1st Cir.· 1987-11-09 ·cited 10×
  The court held that the plaintiff's knowledge of her injury and its cause, established in prior workers' compensation proceedings, was sufficient to trigger the one-year statute of limitations for her negligence claim.
• Perry v. J. M. Langstaff, M.D.
  383 So. 2d 1104· Fla. 5th DCA· 1980-04-23 ·cited 10×
  In this medical malpractice action, the defendant urologist was granted summary judgment after allegedly severing the plaintiff's right external iliac artery during kidney stone removal surgery. The appellate court affirmed, holding that the plaintiff failed to present sufficient
• Foster v. Swift & Co.
  615 F.2d 701· 5th Cir.· 1980-04-18 ·cited 10×
  The court held that summary judgment was improperly granted regarding the plaintiff's claims of racial discrimination in layoff and recall.
• Steinhardt v. Lehman
  338 So. 2d 64· Fla. 3d DCA· 1976-09-21 ·cited 10×
  Milton Steinhardt appeals the denial of his motion for summary judgment in a family business dispute where his siblings seek an accounting and imposition of a constructive or resulting trust over real estate and business assets he managed. The court affirmed the denial, finding g
• Ira D. Madison and Christine Madison v. Deodies Haynes, Jr.
  220 So. 2d 44· Fla. 4th DCA· 1969-03-12 ·cited 10×
  The appellate court affirmed the trial court's summary judgment for the plaintiffs, finding that the defendants failed to present sufficient evidence to create a genuine issue of material fact regarding their claim of ownership or adverse possession.
• Rooker v. Ford Motor Co.
  100 So. 3d 1229· Fla. 2d DCA· 2012-11-14 ·cited 9×
  Kristi Rooker appealed summary judgment in her products liability action against Ford Motor Company and Walker Ford Company for injuries sustained in a 1999 Ford Explorer rollover accident. The court reversed the summary judgment, holding that genuine issues of material fact exis
• Calarese v. Weissfisch
  87 So. 3d 1225· Fla. 3d DCA· 2012-05-23 ·cited 9×
  The court held that the judgment creditor failed to demonstrate no genuine issues of material fact and entitlement to judgment as a matter of law regarding the fraudulent transfer of property.
• Ash v. Sambodromo, LLC
  676 F. Supp. 2d 1360· S.D. Fla.· 2009-11-17 ·cited 9×
  The court held that there are genuine issues of material fact regarding the plaintiff's minimum wage claims, precluding summary judgment on those issues.
• Nicholas Plaza v. Fisher Dev., Inc.
  971 So. 2d 918· Fla. 3d DCA· 2007-12-19 ·cited 9×
  Nicholas Plaza appeals from summary judgment granted in favor of Fisher Development, a general contractor, on his strict liability and negligence claims arising from an injury caused by a conveyor system at a Pottery Barn store. The court affirmed, holding that the conveyor is a
• Castro v. Brazeau
  873 So. 2d 516· Fla. 4th DCA· 2004-05-19 ·cited 9×
  Castro appealed a summary judgment in a personal injury case arising from a multi-vehicle accident on I-95. The appellate court affirmed, holding that passenger testimony about the defendant's speed was not competent evidence without expert qualification, and the trial court did
• Lakes OF THE Meadow Vill. Homes Condo. NOS. ONE v. Arvida/JMB P'rs, L.P.
  714 So. 2d 1120· Fla. 3d DCA· 1998-07-15 ·cited 9×
  Nine condominium maintenance associations appealed summary judgment entered in favor of a developer on the basis of general releases executed by eight of the associations. The court reversed, holding that summary judgment was improper because material questions of fact existed re
• Klaue v. Galencare, Inc.
  696 So. 2d 933· Fla. 2d DCA· 1997-07-09 ·cited 9×
  Mrs. Klaue was injured when a negligently reshelved file fell on her at a hospital where she worked as a copying service employee. The trial court granted summary judgment for the hospital, but the appellate court reversed, holding that whether the hospital breached its duty to m
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Fla. Pub. Utils. Co.
  599 So. 2d 1356· Fla. 1st DCA· 1992-05-18 ·cited 9×
  The Board of Trustees of the Internal Improvement Trust Fund appealed a summary judgment granting title to Florida Public Utilities Company over four parcels of land in Jackson County, including a water body known as Spring Creek or Blue Springs. The court reversed, holding that
• Jacalyn B. Canada v. Blain's Helicopters, Inc.
  831 F.2d 920· 9th Cir.· 1987-11-05 ·cited 9×
  Genuine issues of material fact exist regarding the lessor's duty to warn foreseeable users of known dangers, precluding summary judgment.
• Gaisford v. Neuschatz
  201 So. 2d 635· Fla. 4th DCA· 1967-07-28 ·cited 9×
  An unlicensed Florida architect sued a defendant for breach of contract for work preparing architectural plans and specifications for a motel. The court held that preparing and delivering plans before obtaining a Florida license constituted a single isolated act that did not cons
• Cerron v. Gmac Mortg., LLC
  93 So. 3d 456· Fla. 2d DCA· 2012-07-18 ·cited 8×
  Jorge Cerrón appealed a summary judgment of foreclosure entered against him by GMAC Mortgage, LLC. The court reversed because GMAC failed to refute Cerrón's affirmative defense that the lender had not provided the contractually required thirty-day notice of default before acceler
• Loida Coral v. Garrard Crane Serv., Inc.
  62 So. 3d 1270· Fla. 2d DCA· 2011-06-17 ·cited 8×
  In this wrongful death case, the estate of Wilfredo Coral appeals a summary judgment for two crane service companies that claimed workers' compensation immunity. The appellate court reversed, finding unresolved factual disputes regarding whether the defendants were interrelated w
• Jeannine LE and Son Le v. Lighthouse Assocs., Inc.
  57 So. 3d 283· Fla. 4th DCA· 2011-03-30 ·cited 8×
  In this negligence case involving alleged exposure to unsanitary conditions at a community pool, the Fourth District Court of Appeal reversed a summary judgment entered by the trial court, holding that the trial court misplaced the burden of proof by effectively conducting a tria
• Quirch v. Coro
  842 So. 2d 184· Fla. 3d DCA· 2003-03-12 ·cited 8×
  A seller appeals a summary judgment awarding return of a real estate deposit to buyers who failed to close due to a financing contingency. The court reversed, holding that whether buyers exercised due diligence and good faith to obtain financing is ordinarily a question of fact f
• Brakefield v. The CIT Group/Consumer Fin., Inc.
  787 So. 2d 115· Fla. 2d DCA· 2001-04-20 ·cited 8×
  Billy Brakefield appeals a summary judgment of mortgage foreclosure entered against him by the trial court in favor of CIT Group/Consumer Finance, Inc. The appellate court reverses, holding that CIT Group failed to demonstrate conclusively and with certainty that Brakefield could
• Henderson v. Carnival Corp.
  125 F. Supp. 2d 1375· S.D. Fla.· 2000-09-29 ·cited 8×
  Summary judgment is granted for the defendant because the plaintiffs failed to present evidence rebutting the defendant's claim of independent operators and the ticket disclaimer is valid.
• Beary v. GAY
  732 So. 2d 478· Fla. 5th DCA· 1999-05-21 ·cited 8×
  The court held that summary judgment for the defendant was improper because genuine issues of material fact exist regarding a nexus between the seized currency and illegal drug activity.
• Charlonne v. Vlad Rosenthal, M.D.
  642 So. 2d 632· Fla. 3d DCA· 1994-09-14 ·cited 8×
  Charlonne appealed a summary judgment dismissing her medical malpractice claim against Dr. Rosenthal for alleged negligence during a pregnancy termination procedure. The court reversed, holding that the trial court erred in striking the plaintiff's expert affidavit based on techn
• Cusson-Cobb v. O'Lessker
  953 F.2d 1079· 7th Cir.· 1992-01-15 ·cited 8×
  The court held that a plaintiff alleging political discrimination in public employment must present specific facts showing the decision-maker knew of their political affiliation, and conclusory allegations are insufficient to survive summary judgment.
• Schoch v. First Fid. Bancorporation & Indus. Valley Title Ins. Co.
  912 F.2d 654· 3d Cir.· 1990-08-27 ·cited 8×
  The court held that the plaintiff failed to establish genuine issues of material fact regarding his bonus, wrongful discharge, and deferred compensation claims, and that his pension benefit claims were derivative and thus also failed.
• Sec. First Fed. Sav. & Loan Ass'n v. Broom
  560 So. 2d 304· Fla. 1st DCA· 1990-04-18 ·cited 8×
  Security First Federal Savings & Loan Association appealed the trial court's grant of summary judgment in favor of real estate appraisers, arguing the appraisers negligently overvalued a property. The appellate court reversed, holding that genuine issues of material fact existed
• United States v. ONE Parcel OF Real Prop.
  900 F.2d 470· 1st Cir.· 1990-04-11 ·cited 8×
  The court held that the claimants' guilty pleas could be admitted as admissions in the civil forfeiture case, but did not have collateral estoppel effect. However, the government's affidavits, viewed in the light most favorable to the claimants, established a substantial connecti
• Interroyal Corp. v. Sponseller
  889 F.2d 108· 6th Cir.· 1989-11-14 ·cited 8×
  The court held that the trial court erred in granting summary judgment without providing notice of the required specificity for opposing evidence and in denying leave to amend the complaint without sufficient justification.
• John v. State OF La.
  828 F.2d 1129· 5th Cir.· 1987-10-08 ·cited 8×
  The court held that while a district court has discretion to impose sanctions, including dismissal, for attorney misconduct, dismissal with prejudice is an extreme sanction that requires a clear record of delay or contumacious conduct by the plaintiff, and lesser sanctions must b
• Eagle Nat'l Bank OF Miami v. Burks
  502 So. 2d 69· Fla. 3d DCA· 1987-02-10 ·cited 8×
  Eagle National Bank of Miami appeals a summary judgment in favor of William J. Burks, who sought to cancel a note and mortgage on the ground that enforcement was barred by Florida's five-year statute of limitations. The court affirms, holding that the statute of limitations had e
• The KEY Bank OF Fla. v. First United Land Title Co.
  502 So. 2d 1280· Fla. 2d DCA· 1987-01-23 ·cited 8×
  The Key Bank of Florida appeals a summary judgment awarded to First United Land Title Company in an action over a forged check for $22,342. The court reverses, finding genuine issues of material fact regarding the customer's negligence and its promptness in examining bank stateme
• Federico Fano v. O'Neill
  806 F.2d 1262· 5th Cir.· 1987-01-05 ·cited 8×
  The court held that while the INS Operations Instruction (OI) itself does not create binding rights, the government's motion for summary judgment was premature because it failed to affirmatively show the absence of genuine issues of material fact regarding Fano's estoppel claim.
• Greenberg v. Food & Drug Admin.
  803 F.2d 1213· D.C. Cir.· 1986-10-28 ·cited 8×
  The court held that summary judgment was improperly granted because material issues of fact remained regarding whether disclosure of Technicare's customer list would cause substantial competitive harm and whether the information was available through other means.
• Dusanenko v. Maloney
  726 F.2d 82· 2d Cir.· 1984-01-27 ·cited 8×
  The court held that plaintiffs' failure to present specific facts or controvert defendants' assertions in opposition to a summary judgment motion, as required by federal and local rules, warranted dismissal.
• Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc.
  444 So. 2d 1047· Fla. 2d DCA· 1984-01-20 ·cited 8×
  Hallmark Builders appealed a summary judgment denying specific performance of a right of first refusal to purchase property from Hickory Lakes. The court reversed, holding that a matching offer under a right of first refusal must be identical only in essential terms rather than i
• Williams v. McNEIL
  442 So. 2d 269· Fla. 1st DCA· 1983-11-18 ·cited 8×
  A medical malpractice plaintiff appealed summary judgment entered in favor of a physician who allegedly negligently severed her ureter during ovarian cyst surgery. The appellate court reversed, holding that the defendant failed to meet his burden of establishing the absence of a
• Avila v. The Travelers Ins. Cos.
  651 F.2d 658· 9th Cir.· 1981-07-20 ·cited 8×
  The court held that the appellant failed to raise genuine triable issues of material fact regarding the insurer's alleged bad faith in settling the claim, thus affirming the summary judgment.
• William T. Roberts as Pinellas Cnty. Sheriff v. Stokley
  388 So. 2d 1267· Fla. 2d DCA· 1980-09-17 ·cited 8×
  The court held that the trial court properly granted summary judgment for the plaintiff because the defendant failed to present sufficient counter-evidence.
• Shores v. Norbert Wegmann, M.D.
  370 So. 2d 87· Fla. 1st DCA· 1979-05-01 ·cited 8×
• City OF ST. Petersburg v. Norris
  335 So. 2d 333· Fla. 2d DCA· 1976-06-30 ·cited 8×
  The court held that the plaintiffs' claim for overtime wages was barred by laches due to significant delay and prejudice to the city.
• Campbell v. Anheuser-Busch, Inc.
  265 So. 2d 557· Fla. 1st DCA· 1972-08-10 ·cited 8×
  Campbell appealed from a summary judgment in favor of Anheuser-Busch and Nesbitt in his tortious interference with employment action. The court reversed, holding that evidence of Anheuser's involvement in pressuring Rankin to replace Campbell with another employee raised genuine
• Scanlon v. Edward T. Litt, M.D.
  191 So. 2d 553· Fla.· 1966-11-09 ·cited 8×
  The Florida Supreme Court reversed a summary judgment in a medical malpractice case, holding that the defendant-movant failed to meet its burden of demonstrating the absence of genuine issues of material fact, consistent with principles established in Holl v. Talcott decided earl
• Mora v. Tower Hill Prime Ins. Co.
  155 So. 3d 1224· Fla. 2d DCA· 2015-01-23 ·cited 7×
  The Moras appealed summary judgment rescinding their homeowners insurance policy based on alleged misrepresentations about prior cracking damage. The Florida appellate court reversed, finding that Tower Hill Insurance failed to meet its burden of proof to establish either that th
• Riverwood Condo. Ass'n, Inc. v. Litecrete, Inc.
  69 So. 3d 983· Fla. 3d DCA· 2011-08-31 ·cited 7×
  Riverwood Condominium Association appeals a summary judgment in favor of Litecrete, a roofing contractor, for payment on a construction contract. The appellate court reversed, holding that Riverwood's affirmative defense of setoff for defective work and property damage raised mat
• 770 PPR, LLC v. TJCV Land Tr.
  30 So. 3d 613· Fla. 4th DCA· 2010-03-10 ·cited 7×
  A national bank foreclosed on mortgages and pursued personal guaranties after borrowers defaulted on loans. The borrowers challenged the bank's right to sue in Florida state court without registering as a foreign corporation and argued material fact disputes existed regarding the
• Sheridan Healthcorp, Inc. v. Carl C. Amko, M.D.
  993 So. 2d 167· Fla. 4th DCA· 2008-10-29 ·cited 7×
  This case concerns whether a joint venture of physicians was formed to provide emergency room surgical services or merely to create a corporate entity to contract with a hospital. The trial court granted summary judgment dismissing breach of fiduciary duty and breach of contract
• Berenson v. S. Baptist Hosp. OF Fla., Inc.
  646 So. 2d 809· Fla. 1st DCA· 1994-12-08 ·cited 7×
  Plaintiff Todd Berenson was injured when he fell in a darkened hospital stairwell after the emergency lighting failed during his descent. The court reversed a summary judgment in favor of Southern Baptist Hospital, holding that the hospital failed to meet its burden of conclusive
• Galloway v. Law Offs. of Merkle, Bright & Sullivan, P.A.
  596 So. 2d 1205· Fla. 4th DCA· 1992-04-08 ·cited 7×
  In this legal malpractice appeal, the court reversed summary judgment granted to a law firm that allegedly missed a statute of limitations deadline for filing a medical malpractice suit on behalf of the client. The court held that the law firm's bare assertion of compliance with
• Pac. Serv. Stations Co. v. Mobil OIL Corp.
  636 F.2d 306· Temp. Emer. Ct. App.· 1980-10-31 ·cited 7×
  The court held that the district court erred in granting summary judgment because Mobil failed to demonstrate as a matter of law that its withdrawal of discounts did not result in an unlawful overcharge, as the determination of the proper class of purchaser was unresolved.
• Celestine Spencer v. Halifax Hosp. Dist.
  242 So. 2d 143· Fla. 1st DCA· 1970-12-29 ·cited 7×
  Spencer appeals a summary judgment against her in a hospital bill collection suit. The appellate court reversed, holding that genuine issues of material fact existed regarding the reasonableness of charges, when the payment promise was signed, and whether Spencer's indigent mothe