STATE OF FLORIDA, APPELLANT,

v.

ALAN D. BOYD, APPELLEE

Citator

Cited By (27 total)

• Cufferi v. Royal Palm Dev. Co., Inc., 516 So. 2d 983 (Fla. 4th DCA 1987)
  …Finance Corp., 496 So. 2d 1011 (Fla. 3d DCA 1986); O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985); First Mortgage Investors v. Boulevard National Bank of Miami, 327 So. 2d 830 (Fla. 3d DCA 1976); Howdeshell v. First National Bank of Clearwater, 369 So. 2d 432 (Fla. 2d DCA 1979). The burden is on the plaintiff, as the moving party, to demonstrate that the defendant could not prevail. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Appellant also argues that the tria…
• O'Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985)
  …der for a plaintiff to obtain a summary judgment where the defendant asserts affirmative defenses, the plaintiff must either disprove those defenses by evidence or establish their legal insufficiency. Howdeshell v. First National Bank of Clearwater, 369 So. 2d 432 (Fla. 2d DCA 1979). Because plaintiff failed to conclusively refute the factual allegations or to establish the legal insufficiency of the affirmative defenses, the entry of a summary judgment was error. Reversed and remanded for further proceedin…
• THE Race, Inc. v. Lake & River Recreational Props., Inc., 573 So. 2d 409 (Fla. 1st DCA 1991)
  …er for a plaintiff to obtain a summary judgment when the defendant has asserted affirmative defenses, the plaintiff must either disprove those defenses by evidence or establish their legal insufficiency. Howdeshell v. First Nat’l Bank of Clearwater, 369 So. 2d 432, 433 (Fla. 2d DCA 1979). Accord Proprietors Ins. Co. v. Siegel, 410 So. 2d 993, 995 (Fla. 3d DCA 1982). Thus, summary judgment is appropriate only where each affirmative defense has been conclusively refuted on the record. Pandol Bros. v. NCNB Nat’l…

Authorities Cited

• State v. Heape, 369 So. 2d 386 (Fla. 2d DCA 1979)
• Tallbear v. State, 369 So. 2d 386 (Fla. 2d DCA 1979)