GILBERT O'NEAL, APPELLANT,

v.

WILLIAM BRADY, APPELLEE

Citator

Cited By (26 total)

• Martin Cnty. v. Edenfield, 609 So. 2d 27 (Fla. 1992)
  …). For example, our courts consistently have held that plaintiffs are not entitled to summary judgment unless they conclusively disprove the existence of a defense raised by the defendants or establish its legal insufficiency. E.g., O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985). The reverse thus also must be true: Defendants moving for summary judgment must conclusively prove both the factual existence of the defense upon which they rely and its legal sufficiency. Cf id. Martin County has not conclusive…
• Cufferi v. Royal Palm Dev. Co., Inc., 516 So. 2d 983 (Fla. 4th DCA 1987)
  …sserts affirmative defenses, the plaintiff must either disprove those defenses by evidence or establish the legal insufficiency of the defenses. Id. at 127. Aroll v. ITT Commercial 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 pa…
• Berloni S.P.A. v. Della CASA, LLC, 972 So. 2d 1007 (Fla. 4th DCA 2008)
  …ntgomery, 641 So. 2d 183, 184 (Fla. 4th DCA 1994). “[Wjhere a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.” Celótex Corp. v. Buildex, Inc., 476 So. 2d 294, 295 (Fla. 3d DCA 1985). The trial court relied on Aetna Insurance Co. v. Settembrino, 369 So. 2d 954, 955 (Fla. 3d DCA 1978), to conclude that it had no authority to assess interest because the verdict failed to allow or indicate the desire to awa…

Authorities Cited

• State v. Boyd, 369 So. 2d 432 (Fla. 2d DCA 1979)