STATE OF FLORIDA, APPELLANT,

v.

JOHN W. MCCULLEY, APPELLEE

Citator

Cited By

• Powell v. The City OF Delray Beach, 711 So. 2d 1307 (Fla. 4th DCA 1998)
  …authority to impose such a paving requirement on Appellants, we conclude that the trial court erred in granting summary judgment as the City failed to prove that it was entitled to such a judgment as a matter of law. See Allstate Ins. Co. v. Powell, 420 So. 2d 113, 114 (Fla. 4th DCA 1982)(finding that a party moving for summary judgment must show unequivocally that he is entitled to judgment as a matter of law). Accordingly, we reverse the trial court’s order granting summary judgment and remand for further p…
• Humes v. Norfolk & Dedham Mut. Fire Ins. Co., 430 So. 2d 526 (Fla. 4th DCA 1983)
  …rty placed the insurance policy before the trial court. Without the policy, the trial court cannot determine coverage upon a motion for summary judgment. Cottone v. Broward County School Board, 431 So. 2d 355 (Fla.1983); Allstate Ins. Co. v. Powell, 420 So. 2d 113 (Fla. 4th DCA 1982). Accordingly, we reverse the summary final judgment in favor of Norfolk and remand this cause for trial on all issues. REVERSED and REMANDED. GLICKSTEIN and WALDEN, JJ., concur.…
• Cottone v. Broward Cnty. Sch. Bd., 431 So. 2d 355 (Fla. 4th DCA 1983)
  …standards if they exist in writing; and this court has held in a case involving an insurance policy that the question of coverage could not be determined or reviewed when the document was never before the court. Allstate Insurance Company v. Powell, 420 So. 2d 113 (Fla. 4th DCA 1982). Under the circumstances, the entry of summary final judgment was premature and inappropriate. Appellee’s motion for rehearing is otherwise denied. ANSTEAD and WALDEN, JJ., concur. . At oral argument, we were concerned with ap…

Authorities Cited

• State v. Vanyo, 417 So. 2d 1104 (Fla. 4th DCA 1982)