Burden Of Proof In Summary Judgment

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

• Langley v. NEW Deal CAB Co.
  138 So. 2d 789· Fla. 1st DCA· 1962-03-06 ·cited 7×
  New Deal Cab Company sought declaratory relief and an injunction to prevent William Bernard Langley from operating taxicabs in Jacksonville without a city permit. The court reversed the summary judgment, holding that a holder of a state Master Permit may operate taxicabs with inc
• Cole v. Plantation Palms Homeownwers Ass'n, Inc.
  371 So. 3d 413· Fla. 2d DCA· 2023-09-27 ·cited 6×
  Homeowners sued their HOA for breach of contract, alleging damage to their homes due to the HOA's failure to maintain a drainage ditch. The trial court granted summary judgment for the HOA, finding no admissible evidence of causation. The appellate court reversed, holding that th
• Cheri Garbark v. Gayle
  46 Fla. L. Weekly S6· Fla. 1st DCA· 2021-03-24 ·cited 6×
  The appellate court affirmed the trial court's grant of summary judgment for the defendant in a defamation case. The court found that the plaintiffs failed to provide admissible evidence to counter the defendant's affidavit denying the defamatory statements, thus creating no genu
• Gerri Ann Capotosto v. Fifth Third Bank
  230 So. 3d 891· Fla. 4th DCA· 2017-11-22 ·cited 6×
  Defendant Capotosto appeals a summary judgment for breach of a promissory note on a car loan, arguing triable issues of fact remain. The Fourth District affirmed the summary judgment but remanded for correction of the judgment amount, which contained mathematical errors and an un
• R. Plants, Inc. v. Dome Enters., Inc.
  221 So. 3d 752· Fla. 3d DCA· 2017-06-07 ·cited 6×
  R Plants, Inc. and its president appealed a summary judgment award in favor of Dome Enterprises on a breach of contract claim. The court affirmed, holding that Dome met its burden as the moving party by presenting affidavits establishing all elements of breach of contract, and th
• Ramos v. Citimortgage, Inc.
  146 So. 3d 126· Fla. 3d DCA· 2014-09-03 ·cited 6×
  The Ramoses appealed a summary judgment of foreclosure, arguing that CitiMortgage failed to comply with a condition precedent to foreclosure—proper delivery of a default notice as required by the mortgage. The court reversed, holding that CitiMortgage's summary judgment evidence
• Boyle v. Hernando Beach S. Prop. Owners Ass'n, Inc.
  124 So. 3d 317· Fla. 5th DCA· 2013-09-27 ·cited 6×
  A homeowners association obtained a mandatory injunction against a homeowner for violating a restrictive covenant requiring properties be kept in neat, clean, and orderly condition. The appellate court reversed the injunction regarding landscaping and trees due to insufficient ev
• Webster v. Martin Mem'l Med. Ctr., Inc.
  57 So. 3d 896· Fla. 4th DCA· 2011-03-02 ·cited 6×
  The Fourth District Court of Appeal reversed summary judgment in a medical malpractice case, holding that the trial court improperly applied the burden of proof by requiring the plaintiff to affirmatively establish causation rather than requiring the defendant to show a complete
• Barrington v. Gryphon Invs., Inc.
  32 So. 3d 668· Fla. 2d DCA· 2010-03-12 ·cited 6×
  Real estate agents appealed summary judgment in favor of their brokerage on a dispute over post-termination commission deductions. The court reversed, finding a latent ambiguity in the contract's 25% commission retention clause based on evidence the brokerage had not consistently
• Crayton v. Oceania Cruises, Inc.
  600 F. Supp. 2d 1271· S.D. Fla.· 2009-03-03 ·cited 6×
  Summary judgment for the defendant is granted because the plaintiff failed to present evidence supporting his claims of negligence regarding the crew's hold and the tender's security.
• McGuire v. Hillsborough Cnty.
  511 F. Supp. 2d 1211· M.D. Fla.· 2007-01-17 ·cited 6×
  The court held that the drive time between fire stations and worksites is compensable under the FLSA, and plaintiffs are entitled to liquidated damages because the employer did not demonstrate good faith.
• Molina v. S. Fla. Express Bankserv, Inc.
  420 F. Supp. 2d 1276· M.D. Fla.· 2006-03-08 ·cited 6×
  The court held that genuine issues of material fact exist regarding whether the plaintiffs were employees or independent contractors under the FLSA, thus precluding summary judgment.
• Williams v. Garden City Claims, Inc.
  796 So. 2d 586· Fla. 3d DCA· 2001-09-12 ·cited 6×
  Jimmie Williams, an African American homeowner whose home was damaged by Hurricane Andrew, alleged that his mortgagee and insurance company discriminated against him by not allowing full payment of his mortgage with insurance proceeds. The trial court granted summary judgment aga
• Perry v. Munger
  730 So. 2d 393· Fla. 2d DCA· 1999-04-09 ·cited 6×
  The court held that the insurer failed to meet its burden to demonstrate the insured could not prevail, as factual issues remained regarding the insured's prejudice and the insurer's authorization to settle.
• John J. Koresko V & Koresko & Assocs. v. Emmett D. COE & FNC Corp.
  683 So. 2d 602· Fla. 2d DCA· 1996-11-15 ·cited 6×
  In this libel case, Koresko appealed a summary judgment award to Coe, arguing genuine issues of material fact existed regarding whether Coe published a defamatory letter. The court agreed, finding that Koresko's interrogatory answers disputed the supporting affidavits and that su
• Cardet v. Rodriguez
  673 So. 2d 578· Fla. 3d DCA· 1996-05-22 ·cited 6×
  The court held that summary judgment was improperly granted because the appellee failed to conclusively demonstrate the promissory note was lost, rather than pledged.
• Knight v. Roberts RV Resort
  671 So. 2d 298· Fla. 2d DCA· 1996-04-12 ·cited 6×
  The Knights sued Roberts RV Resort after Daniel Knight was injured when thrown from a golf cart driven by the resort's employee, Robert Haseltine. The trial court granted summary judgment to the resort on the issues of golf cart ownership and whether Haseltine was acting within t
• Gray v. Union Planters Nat'l Bank
  654 So. 2d 1288· Fla. 3d DCA· 1995-05-31 ·cited 6×
  Gray appealed a summary judgment foreclosure order entered against him by Union Planters National Bank. The court reversed, holding that the bank failed to rebut Gray's affirmative defenses and therefore was not entitled to summary judgment as a matter of law.
• Smalley Transp. Co. v. Marks
  649 So. 2d 257· Fla. 1st DCA· 1994-12-29 ·cited 6×
  Smalley Transportation Company appealed a summary judgment granted in favor of its former attorneys in a legal malpractice action arising from the attorneys' alleged failure to timely assert a workers' compensation immunity defense. The court reversed the summary judgment for the
• Culver v. The Town OF Torrington
  930 F.2d 1456· 10th Cir.· 1991-04-16 ·cited 6×
  The court held that the appellant failed to present sufficient evidence to create a genuine issue of material fact regarding the use of excessive force, and thus summary judgment for the appellees was appropriate.
• Moore v. Comfed Sav. Bank
  908 F.2d 834· 11th Cir.· 1990-08-09 ·cited 6×
  The court held that the joinder of appellant banks as defendants was proper under Rule 20 and that genuine issues of fact existed regarding the usury claims, precluding summary judgment.
• Tooke v. Downing
  564 So. 2d 250· Fla. 1st DCA· 1990-07-19 ·cited 6×
  A wrongful death action arising from a motor vehicle collision where the trial court granted summary judgment for defendants. The appellate court reversed, finding that the defendant's motion for summary judgment was premature based solely on the plaintiff's deposition testimony
• Russo v. Ross
  545 So. 2d 460· Fla. 3d DCA· 1989-06-20 ·cited 6×
  This appeal concerns a summary judgment granted in favor of a personal representative in a will contest. The court reversed the summary judgment, holding that genuine issues of material fact regarding testamentary capacity and undue influence precluded summary disposition and req
• Wilmes v. United States Postal Serv.
  810 F.2d 130· 7th Cir.· 1987-01-22 ·cited 6×
  The court held that summary judgment was proper because the plaintiff settled his age discrimination claim and his veterans preference claim was barred by laches due to unreasonable delay and prejudice to the Postal Service.
• Gruber v. Mount Sinai Hosp. OF Greater Miami, Inc.
  487 So. 2d 76· Fla. 3d DCA· 1986-04-15 ·cited 6×
• Carrousel Concessions, Inc. v. Fla. Ins. Guar. Ass'n & Pub. Serv. Mut. Ins. Co.
  483 So. 2d 513· Fla. 3d DCA· 1986-02-19 ·cited 6×
  The court held that an insurer's statutory obligation to defend, even if capped in monetary amount, includes providing an adequate defense and covering associated costs, and a breach of this duty can lead to liability for the insured's own defense expenses.
• Golden Hills Golf & Turf Club, Inc. v. Spitzer
  475 So. 2d 254· Fla. 5th DCA· 1985-07-25 ·cited 6×
  Golden Hills Golf & Turf Club appealed a summary judgment ruling regarding title to a 15-foot bridle path between Conestoga Boulevard and the parties' properties. The court affirmed the lower court's grant of summary judgment for the appellees, finding that the appellant failed t
• Raul Distribs., Inc. v. Fast AIR Carrier, Ltd.
  450 So. 2d 598· Fla. 3d DCA· 1984-05-29 ·cited 6×
• Braun v. Ryder Sys., Inc.
  430 So. 2d 567· Fla. 3d DCA· 1983-05-03 ·cited 6×
  Braun, a 17-year employee of Ryder Systems, challenges a summary judgment in a breach of employment contract action. The court reverses, finding genuine issues of material fact regarding whether Ryder Systems agreed to modify a noncompetition clause and whether Braun relied on th
• United States v. Frank
  587 F.2d 924· 8th Cir.· 1978-12-04 ·cited 6×
  The court held that the general partner was liable for unauthorized expenditures of project funds, affirming partial summary judgment.
• Hatmaker v. Advance Mortg. Corp.
  351 So. 2d 728· Fla. 4th DCA· 1977-10-11 ·cited 6×
• Goodman v. Anthony
  269 So. 2d 756· Fla. 3d DCA· 1972-11-21 ·cited 6×
  In this mortgage foreclosure appeal, the trial court granted summary judgment for the lender (Anthony) on the issue of whether construction was sufficiently complete to trigger the note's payment obligation. The appellate court reversed, holding that conflicting affidavits about
• Liberty Mut. Ins. Co. v. Stuckey
  220 So. 2d 421· Fla. 4th DCA· 1969-03-24 ·cited 6×
  Liberty Mutual Insurance Company appealed a summary judgment entered in favor of W. B. Stuckey, a Georgia truck operator who sued on an insurance policy required by Florida statute to protect the public. The court reversed, holding that genuine issues of material fact existed reg
• Todd v. Waters
  201 So. 2d 765· Fla. 2d DCA· 1967-08-09 ·cited 6×
  The Todds appealed a summary judgment granted in favor of defendant Waters in a negligence action arising from an automobile collision at an intersection. The court reversed, holding that the defendant failed to meet her burden of proving the absence of a genuine issue of materia
• Leffie H. Ritter v. Brengle
  185 So. 2d 7· Fla. 2d DCA· 1966-04-06 ·cited 6×
  Plaintiff Leffie Ritter, an incompetent person represented by his guardian, appealed a summary judgment dismissing his negligence action against David Brengle's estate following a rear-end automobile collision. The court reversed the summary judgment, holding that the evidence ra
• Patient Depot, LLC v. Acadia Enters., Inc.
  360 So. 3d 399· Fla. 4th DCA· 2023-04-26 ·cited 5×
  The appellate court reversed a summary judgment, finding that genuine issues of material fact remained regarding whether a compiled list of suppliers and customers constituted a trade secret. The court also noted that summary judgment was premature due to ongoing discovery.
• Tank Tech, Inc. v. Valley Tank Testing
  334 So. 3d 658· Fla. 2d DCA· 2021-06-02 ·cited 5×
  The appellate court reversed a summary judgment for Valley Tank, finding that Tank Tech had a viable claim for equitable subrogation. The court held that Valley Tank failed to meet its burden of proving Tank Tech could not prevail on its claim, and that the prior ruling regarding
• Chapman v. Town of Redington Beach
  282 So. 3d 979· Fla. 2d DCA· 2019-10-25 ·cited 5×
  The Chapmans sued the Town of Redington Beach and their neighbor Douglas Backman alleging that Backman's property improvements violated Town zoning ordinances and caused special damages to the Chapmans' property. The trial court granted summary judgment in favor of both defendant
• Keys Country Resort v. 1733 Overseas Hwy.
  272 So. 3d 500· Fla. 3d DCA· 2019-04-10 ·cited 5×
  Keys Country Resort disputed whether a bay bottom parcel was inadvertently omitted from a mortgage due to mutual mistake or was intentionally excluded. The trial court granted summary judgment for reformation in favor of the lender, but the appellate court reversed, holding that
• Cruz v. Wal-Mart Stores E.
  268 So. 3d 796· Fla. 4th DCA· 2019-03-20 ·cited 5×
  A 72-year-old man fell over a raised manhole cover in a Wal-Mart parking lot and suffered serious head trauma. The trial court granted summary judgment to Wal-Mart, but the appellate court reversed, finding genuine issues of material fact regarding the store's duty to maintain sa
• Bank OF NEW York Mellon Tr. Co. v. Harlan S. Ginsberg
  221 So. 3d 1196· Fla. 4th DCA· 2017-07-05 ·cited 5×
  The Bank of New York Mellon Trust Company appealed a summary judgment ruling that dismissed its foreclosure complaint based on a discrepancy between the trust name in the complaint and the trust name in the special endorsement on the promissory note. The Fourth District Court of
• Alfre Marble Corp. v. Twin Stone Designs & Installations, Inc.
  44 So. 3d 193· Fla. 3d DCA· 2010-09-15 ·cited 5×
  Alfre Marble Corp. and Pablo Meza Corp. appealed a summary judgment in favor of Twin Stone Designs & Installations, Inc. regarding unpaid withheld funds for flooring services. The court reversed, finding genuine issues of material fact existed regarding whether production of a fi
• Dreggors v. Wausau Ins. Co.
  995 So. 2d 547· Fla. 5th DCA· 2008-08-22 ·cited 5×
  The Dreggors challenged a summary judgment in their defamation suit against Wausau Insurance Company arising from attorney Mark Spangler's videotaped statements to a news station about alleged workers' compensation fraud. The court reversed, holding that genuine issues of materia
• Candler Holdings Ltd. I v. Watch Omega Holdings, L.P.
  947 So. 2d 1231· Fla. 1st DCA· 2007-01-30 ·cited 5×
  Candler Holdings appeals a summary judgment granting adverse possession of a retention pond parcel to Watch Omega. The court reversed, holding that Watch Omega failed to meet the statutory requirements for adverse possession without color of title under Florida law, particularly
• Berg v. Laszlo Wagner
  935 So. 2d 100· Fla. 4th DCA· 2006-08-09 ·cited 5×
  The court held that while directors' immunity defense was insufficient due to allegations of bad faith, the statute of limitations barred claims arising from conduct before October 11, 1998.
• Kenyon v. Polo Park Homeowners Ass'n, Inc.
  907 So. 2d 1226· Fla. 2d DCA· 2005-07-08 ·cited 5×
  The trial court erred in granting summary judgment on the homeowners' claims and in granting the Association's motion for a permanent injunction because the Association failed to meet its burden of proof and because the jury found selective enforcement.
• Kitchings v. Fla United Methodist Children's Home
  393 F. Supp. 2d 1282· M.D. Fla.· 2005-05-18 ·cited 5×
  The court held that the Florida United Methodist Children's Home, Inc. is not an 'enterprise' covered by the Fair Labor Standards Act because it is a religious, not-for-profit organization primarily engaged in eleemosynary activities, not competing with commercial enterprises for
• Brink v. Bank OF Am., N.A.
  811 So. 2d 751· Fla. 1st DCA· 2002-03-01 ·cited 5×
  John Brink, former CEO of Barnett Banks, challenged a trial court judgment awarding him $1.3 million in golden parachute termination payments, arguing he was entitled to additional benefits under a subsequent Special Incentive Agreement and damages under the commercial frustratio
• Gill v. Kostroff
  82 F. Supp. 2d 1354· M.D. Fla.· 2000-02-08 ·cited 5×
  The court denied plaintiff's motion for partial summary judgment on most counts, finding genuine issues of material fact regarding the bona fide error defense under the FDCA and insufficient evidence for claims of defamation, malicious prosecution, and violations of the Florida C
• Campagna v. Dicus
  606 So. 2d 1278· Fla. 2d DCA· 1992-11-06 ·cited 5×