Burden Of Proof In Summary Judgment

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

• Gray v. Purchase Corp.
  573 So. 2d 205· Fla. 1st DCA· 1991-01-25 ·cited 5×
  The court held that the Grays failed to properly raise disputed issues of material fact to preclude summary judgment on the deficiency claim.
• Pelz v. City OF Clearwater
  568 So. 2d 949· Fla. 2d DCA· 1990-09-21 ·cited 5×
  Judy Pelz appeals a summary judgment in favor of the City of Clearwater following her husband's drowning at Sand Key beach. The court affirms the summary judgment on the ground that the City had no knowledge of dangerous underwater conditions, rejecting the plaintiff's theories t
• Harder v. Rafferty
  709 F. Supp. 1111· M.D. Fla.· 1989-03-28 ·cited 5×
  The court held that the doctrine of res judicata did not apply because the parties in the Indiana action were not identical to the parties in the current federal action. The court deferred ruling on the statute of limitations issue pending further briefing.
• Warner v. United States
  698 F. Supp. 877· S.D. Fla.· 1988-09-26 ·cited 5×
  The court held that the scienter element of 26 U.S.C. § 6701(a)(3) requires the government to prove the plaintiff was directly involved in aiding or assisting in the preparation or presentation of a false or fraudulent document. The court denied the plaintiff's motion for partial
• City of Naples v. Chops City Grill, Inc.
  331 So. 3d 291· Fla. 2d DCA· 2021-12-29 ·cited 4×
  The appellate court reversed a summary judgment granted to a restaurant in a negligence case. The court found the restaurant failed to prove it had no duty of care regarding a sidewalk where a patron fell, as control over the premises, not just ownership, determines duty.
• Scott v. Strategic Realty Fund, LLC
  311 So. 3d 113· Fla. 2d DCA· 2020-05-13 ·cited 4×
  The appellate court reversed a foreclosure judgment, finding that the plaintiff, Strategic Realty Fund (SRF), failed to establish standing. The court determined that the evidence, including a corrective assignment and an affidavit, was insufficient to prove SRF's legal entitlemen
• Jpmorgan Chase Bank, N.A. v. Layne D. Ostrander and Erica C. Ostrander
  201 So. 3d 1281· Fla. 2d DCA· 2016-10-28 ·cited 4×
  The court held that the defendants' affidavits were insufficient to establish entitlement to summary judgment because they only claimed non-receipt of notice and did not address whether the plaintiff mailed the notice as required by the mortgage.
• Balbina A. Young and Lawrence E. Young, Sr. v. Nationstar Mortg., LLC
  205 So. 3d 790· Fla. 2d DCA· 2016-09-28 ·cited 4×
  Balbina and Lawrence Young appealed a summary judgment of foreclosure entered against them by Nationstar Mortgage, LLC. The appellate court reversed because Nationstar failed to adequately address the Youngs' paragraph 22 mortgage defense (notice of acceleration) at summary judgm
• Wells Fargo Bank, N.A. v. Shauna Bilecki and Scott Bilecki
  192 So. 3d 559· Fla. 4th DCA· 2016-05-18 ·cited 4×
  Wells Fargo appeals a summary judgment in a foreclosure case where the trial court granted judgment to homeowners who failed to submit timely, competent evidence supporting their motion. The appellate court reversed, holding that the trial court improperly shifted the burden of p
• Lovett v. Nat'l Collegiate Student Loan Tr. 2004-1
  149 So. 3d 735· Fla. 5th DCA· 2014-10-31 ·cited 4×
  Michael Lovett and his father James Lovette appealed a summary final judgment in favor of National Collegiate Student Loan Trust 2004-1 in a student loan collection action. The court reversed, holding that the Loan Trust failed to establish at the summary judgment hearing that it
• Slominski v. Citizens Prop. Ins. Corp.
  99 So. 3d 973· Fla. 4th DCA· 2012-10-03 ·cited 4×
  Homeowners Edward and Joyce Slominski appealed a summary judgment in favor of Citizens Property Insurance Corporation on their claim for hurricane damage from Hurricane Wilma. The court affirmed, holding that the Slominskis failed to meet their burden of proving lack of prejudice
• Vision I Homeowners Ass'n, Inc. v. Aspen Specialty Ins. Co.
  674 F. Supp. 2d 1333· S.D. Fla.· 2009-12-22 ·cited 4×
  The court held that genuine issues of material fact exist regarding the timeliness of notice, compliance with policy conditions, and the application of the prevention doctrine, precluding summary judgment on these defenses.
• Vision I Homeowners Ass'n v. Aspen Specialty Ins.
  643 F. Supp. 2d 1356· S.D. Fla.· 2009-06-15 ·cited 4×
  The court held that while the statute requiring an insurer to offer a 3% deductible when offering a 5% deductible applied to surplus lines insurers, the lack of an express penalty in the statute meant the court would not invalidate the 5% deductible provision. Therefore, the plai
• State Farm Mut. Auto. Ins. Co. & Eric Peck v. Austin Outdoor Inc.
  918 So. 2d 446· Fla. 4th DCA· 2006-01-25 ·cited 4×
  State Farm and Eric Peck appealed a summary judgment granted in favor of Austin Outdoor and OneSource Landscape in a motor vehicle injury case. The core issue was whether the vehicle's driver had the defendants' knowledge and consent or was a thief, which would determine liabilit
• Davis v. Orange Cnty. Bd. OF Cnty. Comm'rs
  852 So. 2d 370· Fla. 5th DCA· 2003-08-15 ·cited 4×
  The court reversed summary judgment for Orange County in a wrongful death action because Orange County failed to establish the absence of material facts in dispute regarding its alleged contractual duty to trim vegetation that allegedly obstructed the accident site.
• Lich v. N.C.J. Inv. Co.
  728 So. 2d 1191· Fla. 2d DCA· 1999-03-05 ·cited 4×
  Summary judgment is proper where undisputed evidence establishes that the property owner and manager had no knowledge of any defect in an interior sliding glass window and were not responsible for its installation, selection, or inspection, defeating all negligence theories.
• Greenberg v. Hall
  718 So. 2d 337· Fla. 3d DCA· 1998-09-23 ·cited 4×
  A law firm sued a corporate director individually for unpaid legal bills allegedly rendered to his dissolved corporation. The Florida appellate court reversed summary judgment, finding genuine factual disputes regarding whether the legal services were actually requested and wheth
• Zillyette v. Cap. One Fin. Corp.
  1 F. Supp. 2d 1435· M.D. Fla.· 1998-02-13 ·cited 4×
  The court held that the plaintiff's ADA claim was time-barred due to failure to file within ninety days of receiving notice of the right-to-sue letter, and that the plaintiff failed to establish knowledge of his HIV diagnosis by the employer for a discriminatory discharge claim.
• Algernon Blair Contractors v. Hughes Supply, Inc.
  684 So. 2d 223· Fla. 5th DCA· 1996-11-22 ·cited 4×
  Algernon Blair Contractors appeals a summary final judgment on an account stated brought by Hughes Supply in Orange County, Florida. The court reverses, holding that Hughes failed to establish proper venue through summary judgment when Algernon's answer controverted venue and rai
• Clark v. Gochenaur
  623 So. 2d 561· Fla. 1st DCA· 1993-08-16 ·cited 4×
  The court held that conflicting evidence regarding the identity of the truss that broke and caused the plaintiff's injury created a genuine issue of material fact, making summary judgment improper.
• Carmela Mares v. Conagra Poultry Co., Inc.
  971 F.2d 492· 10th Cir.· 1992-07-17 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding her invasion of privacy claim, thus affirming summary judgment for the defendant.
• Cleremont L. Covalt and Ahnighita M. Covalt v. Carey Canada, Inc.
  950 F.2d 481· 7th Cir.· 1991-12-10 ·cited 4×
• Little v. Liquid AIR Corp.
  939 F.2d 1293· 5th Cir.· 1991-09-03 ·cited 4×
  The dissenting judge would affirm the trial court's grant of summary judgment, finding plaintiffs failed to meet their burden of proof on causation regarding the alleged warning defect.
• Prudential-Lmi Commercial Ins. Co. v. Sears
  572 So. 2d 15· Fla. 3d DCA· 1990-12-26 ·cited 4×
• Emp'rs Ins. of Wausau v. Able Green, Inc.
  749 F. Supp. 1100· S.D. Fla.· 1990-10-24 ·cited 4×
  A surety is entitled to reimbursement under an indemnity agreement for payments made in good faith, even if no liability actually existed, provided the indemnitor did not meet conditions for requiring litigation.
• Bill Williams AIR Conditioning & Heating, Inc. v. Haymarket Coop. Bank
  566 So. 2d 52· Fla. 1st DCA· 1990-08-24 ·cited 4×
  Bill Williams Air Conditioning & Heating, Inc. appealed the trial court's entry of partial summary final judgment in favor of Haymarket Cooperative Bank in a mortgage foreclosure action involving mechanic's liens on commercial real estate. The appellate court reversed, holding th
• DeHORNEY v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  879 F.2d 459· 9th Cir.· 1989-07-13 ·cited 4×
  The court held that state courts have concurrent jurisdiction over 42 U.S.C. § 1981 claims, abstention was not warranted, and summary judgment was properly granted for the employer on claims of wrongful discharge, interference with contractual relations, and racial discrimination
• Eulas Montgomery v. United States Postal Serv.
  867 F.2d 900· 5th Cir.· 1989-03-17 ·cited 4×
  The court held that a material fact issue exists regarding whether the U.S. Attorney received timely notice of the lawsuit, which is necessary for the amended complaint to relate back under Rule 15(c).
• Alexander Leon Banks v. Rockwell Int'l N. Am. Aircraft Operations
  855 F.2d 324· 6th Cir.· 1988-08-24 ·cited 4×
  The court held that the ninety-day period for filing a Title VII action begins to run five days after the EEOC mails the notice of right to sue, and equitable tolling does not apply when the claimant fails to notify the EEOC of an address change.
• Harlan L. Jacobsen v. Crivaro
  851 F.2d 1067· 8th Cir.· 1988-07-13 ·cited 4×
  The court held that the city's ordinances regulating the size, placement, and licensing of newspaper vending machines were constitutional time, place, and manner restrictions, and that the annual licensing fees were permissible as they did not exceed administrative costs.
• Riberglass, Inc. v. Techni-Glass Indus., Inc.
  804 F.2d 1577· 11th Cir.· 1986-12-04 ·cited 4×
  Summary judgment for the plaintiff is affirmed because the defendant admitted executing a guarantee and failed to present evidence controverting the plaintiff's proof of the underlying debt or any affirmative defenses.
• In re Airport CAR Rental Antitrust Litig. Trans Rent-A-Car, Inc. v. The HERTZ Corp.
  766 F.2d 1292· 9th Cir.· 1985-10-07 ·cited 4×
  The court held that the defendants failed to meet the burden of showing the absence of a genuine issue of material fact required for summary judgment.
• Sandor Szabo and Joan Szabo v. Ashland OIL Co.
  448 So. 2d 549· Fla. 3d DCA· 1984-03-27 ·cited 4×
  The court held that the plaintiff's deposition testimony regarding when he learned of a potential causal link between his illness and chemical exposure was not dispositive of the statute of limitations issue, and his physician's affidavit raised a material factual issue.
• Zeller v. Peoples GAS Sys., Inc.
  258 So. 2d 835· Fla. 3d DCA· 1972-03-07 ·cited 4×
• Crown v. Cecil Holland Ford, Inc.
  207 So. 2d 67· Fla. 3d DCA· 1968-02-06 ·cited 4×
  This case concerns whether a new car warranty, which disclaims all other express or implied warranties, protects a manufacturer and its dealer from an action in implied warranty for injuries caused by a defective car part.
• A & G Aircraft Serv., Inc. v. Johnson
  192 So. 2d 74· Fla. 4th DCA· 1966-11-28 ·cited 4×
  A & G Aircraft Service, Inc. appealed a summary judgment dismissing its negligence action against three defendants for damage to its aircraft and hangar caused by defendants' negligently parked plane. The court affirmed the summary judgment, holding that plaintiff failed to estab
• Sikes v. Guest
  170 So. 2d 322· Fla. 2d DCA· 1964-12-16 ·cited 4×
  Summary judgment for defendant was improper because the plaintiff presented sufficient evidence of a genuine issue of material fact regarding whether she possessed the legal capacity to marry the decedent and whether a valid common-law marriage with him existed.
• Fechtmeyer v. Caribbean Keys
  124 So. 2d 521· Fla. 2d DCA· 1960-11-16 ·cited 4×
  A real estate broker sought recovery of a sales commission from a construction company for facilitating a home and lot sale. The court reversed a summary judgment for the defendants, finding that conflicting evidence regarding whether the buyer had approved house plans—a conditio
• Infinity Auto Ins. Co. v. Miami Open MRI, LLC
  361 So. 3d 954· Fla. 3d DCA· 2023-06-07 ·cited 3×
  The appellate court reversed a summary judgment for a medical provider, finding that the insured's failure to appear for two examinations under oath, a condition precedent to receiving benefits, barred payment. The court held that the insurer did not need to prove prejudice from
• Custom Design EXP, Inc. v. Synergy Rents
  327 So. 3d 427· Fla. 2d DCA· 2021-09-10 ·cited 3×
  Custom Design Expo, Inc. and its principal Yogmatie Singh appeal summary judgment entered against them in favor of Synergy Rents, Inc. for breach of contract and unpaid equipment rental amounts. The appellants argued that an opposing affidavit raised a genuine issue of material f
• Milling v. Travelers Home & Marine Ins. Co.
  311 So. 3d 289· Fla. 2d DCA· 2020-11-13 ·cited 3×
  The appellate court reversed in part a lower court's decision regarding attorney's fees in a bad faith insurance lawsuit. While affirming the denial of the insured's motion for summary judgment, it reversed the grant of the insurer's cross-motion, finding the trial court misappli
• Timothy Bradley, M.D. v. Fort Walton Beach Med. Ctr., Inc.
  260 So. 3d 1178· Fla. 1st DCA· 2018-12-27 ·cited 3×
  A hand and plastic surgeon appealed a trial court's partial grant of summary judgment in a breach of contract case brought by Fort Walton Beach Medical Center for unpaid rent under a lease agreement. The appellant raised six issues on appeal, including challenges to the summary j
• Navellier v. Shortz
  207 So. 3d 287· Fla. 4th DCA· 2016-11-09 ·cited 3×
  Florida appellate court affirmed summary judgment in a defamation case where the plaintiff failed to establish a disputed material fact. The defendant (appellee) was sued for allegedly writing a defamatory statement on a postcard, but deposition testimony proved the defendant's s
• United States v. 1. All Funds in Account of Prop. Futures, Inc.
  820 F. Supp. 2d 1305· S.D. Fla.· 2011-10-04 ·cited 3×
  The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting partial summary judgment for the plaintiff and denying the motion to strike as moot.
• Vasquez v. Sorrells Grove Care, Inc.
  28 So. 3d 222· Fla. 2d DCA· 2010-02-26 ·cited 3×
  The court held that a factual dispute exists regarding whether the injured party was an employee of the defendant company, precluding summary judgment based on workers' compensation immunity.
• Copeland v. Albertson's Inc.
  947 So. 2d 664· Fla. 2d DCA· 2007-01-26 ·cited 3×
  Copeland sued Albertson's and its employees for injuries sustained during his apprehension after robbing the store, claiming intentional torts and negligence. The trial court granted summary judgment for the defendants, but the appellate court reversed, finding the judgment was p
• Verchick v. Hecht Invs., Ltd.
  924 So. 2d 944· Fla. 3d DCA· 2006-04-05 ·cited 3×
  Employees of a greyhound track sued the Hecht entities for negligence after being shot by a patron. The Hecht entities moved for summary judgment, arguing they were not the plaintiffs' employers and therefore owed no duty of care. The court affirmed summary judgment, finding that
• Alvarado v. I.G.W.T. Delivery Sys., Inc.
  410 F. Supp. 2d 1272· S.D. Fla.· 2006-01-17 ·cited 3×
  The court held that the motor carrier exemption applied, barring overtime claims, and that the plaintiffs failed to establish a prima facie case for retaliatory discharge.
• Schneider v. Slichter
  917 So. 2d 299· Fla. 4th DCA· 2005-12-21 ·cited 3×
  The Fourth District Court of Appeal reversed a summary judgment in a bad check case, finding that material issues of fact existed regarding whether sufficient funds were available when checks were presented and whether a stop payment order was issued before presentment. The court
• Brother v. Tiger P'r, LLC
  331 F. Supp. 2d 1368· M.D. Fla.· 2004-07-06 ·cited 3×
  The court held that the plaintiff lacked standing to bring an action under the Americans with Disabilities Act because he failed to demonstrate a credible threat of future injury, a requirement for Article III standing.