ABE RUDNER, APPELLANT,

v.

JAMES LYONS AND FANNETT LYONS, A/K/A FANNETT CLARKE, APPELLEES

Citator

Cited By

• Orange Lake Country Club, Inc. v. Levin, 645 So. 2d 60 (Fla. 5th DCA 1994)
  …the court had to rely upon oral testimony at the hearing in order to reach his decision. Oral testimony is inappropriate at a hearing on a motion for summary judgment. Campbell-Settle Pressure Grouting & Gunite Co., Inc. v. David M. Abel Const. Co., 395 So. 2d 247 (Fla. 3d DCA 1981). See Rule 1.510, Fla.R.Civ.P. The determination of disputed material facts cannot be properly accomplished during a hearing for summary judgment. Plescow v. Gulf States Zayre Inc., 350 So. 2d 1147 (Fla. 3d DCA 1977). Even if thes…
• Brunsman v. Nat'l Rent-A-Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993)
  …40 (Fla. 5th DCA 1984). We find no such error exists in this case, based on the record (exclusive of oral testimony) which existed at the summary judgment hearing. See Campbell-Settle Pressure Grouting & Gunite Co. v. David M. Abel Construction Co., 395 So. 2d 247 (Fla. 3d DCA 1981); Mysels v. Barry, 332 So. 2d 38 (Fla. 2d [*720] DCA), rev. denied, 341 So. 2d 1079 (Fla.1976). Petition for Certiorari DENIED. COBB, W. SHARP and HARRIS, JJ„ concur.…
• Schmidt v. State Farm Mut. Ins. Co., 750 So. 2d 695 (Fla. 2d DCA 2000)
  …r or his attorney’s explanation, there is not a scintilla of competent evidence in the record to support the recitation made by Schmidt’s attorney at the hearing. See Campbell Settle Pressure Grouting & Gunite Co., Inc. v. David M. Abel Constr. Co., 395 So. 2d 247 (Fla. 3d DCA 1981) (holding that trial judge cannot convert a summary proceeding into a trial by taking sworn testimony, over objection, in derogation of a demanded right to jury trial).1 This case is being reversed by the majority because Schmidt’…

Authorities Cited

• Marlin Conner and Otelia Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977)
• Carpenter v. Fla. Cent. Credit Union, 369 So. 2d 935 (Fla. 1979)