FERNANDO CEBALLOS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Multitech Corp. v. ST. Johns Bluff Inv. Corp., 518 So. 2d 427 (Fla. 1st DCA 1988)
  …ds to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Id.; Taylor v. Kenco Chemical & Mfg. Corp., 465 So. 2d 581 (Fla. 1st DCA 1985), and cases cited therein; Monroe County v. New Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983). Thus, the burden of the moving party in a motion for summary judgment is to demonstrate that the facts show the party moved against cannot prevail. Burkett v. Parker, 410 So. 2d 947, 948 (Fla. 1st DCA 1982). Where, as in the ins…
• Franco v. Miami-Dade Cnty., 947 So. 2d 512 (Fla. 3d DCA 2006)
  …itted). If even the slightest doubt exists regarding the existence of material issues of fact, a trial court is required to deny summary judgment. McQueen v. Boye, 785 So. 2d 512, 514 (Fla. 3d DCA 2000) (citing Monroe County v. New Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983)). In reviewing the trial court’s decision, we must follow the framework set forth in a recent Florida Supreme Court decision considering the issue of governmental tort liability. In Pollock v. Florida Department of Highway Patrol…
• Fla. Aviation Int'l Corp. v. A & E Aircraft, Inc., 590 So. 2d 557 (Fla. 3d DCA 1991)
  …ts the existence of a disputed issue of material fact. Accordingly, the trial court was in error in granting the partial summary judgment. This cause is remanded for further proceedings consistent herewith. See Monroe County v. New Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983). Reversed and remanded.…

Authorities Cited

• Colson v. State, 73 So. 2d 862 (Fla. 1954)
• Frazee v. State, 320 So. 2d 462 (Fla. 3d DCA 1975)