LAW OFFICES OF PHILIP AUERBACH, APPELLANT,
v.
ROBERT M. SUSSMAN LAW OFFICES, APPELLEE
LAW OFFICES OF PHILIP AUERBACH, APPELLANT,
ROBERT M. SUSSMAN LAW OFFICES, APPELLEE
483 So. 2d 559
Florida District Court of Appeal, Third District (1986)
Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Affirmed. Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979); Wilson v. Renfroe, 91 So. 2d 857 (Fla.1956); Claughton v. Claughton, 452 So. 2d 1073 (Fla.3d DCA 1984); § 38.10, Fla.Stat. (1983).
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Brock v. G.D. Searle & Co., 530 So. 2d 428 (Fla. 1st DCA 1988)…ment if it is ultimately to be treated as a motion for summary judg [*431] ment. “[T]rial courts [should not] allow ‘motions in limine’ to be used as unwritten and unnoticed motions for partial summary judgment or motions to dismiss.” Rice v. Kelly, 483 So. 2d 559, 560 (Fla. 4th DCA 1986). We also note that generally on a motion for summary judgment, it is the burden of the defendant to establish the absence of any genuine issue of material fact and not of the claimant to prove his cause of action. Heffeman…
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Fouts v. Bowling, 596 So. 2d 95 (Fla. 3d DCA 1992)…e as a vehicle for presentation of an unnoticed motion for summary judgment.1 See Buy-Low Save Centers, Inc. v. Glinert, 547 So. 2d 1283, 1284 (Fla.4th DCA 1989); Brock v. G.D. Searle & Co., 530 So. 2d 428, 430-431 (Fla.lst DCA 1988); Rice v. Kelly, 483 So. 2d 559, 560 (Fla.4th DCA 1986); Dailey v. Multicon Development, Inc., 417 So. 2d 1106 (Fla.4th DCA 1982)); see also Lombard v. Executive Elevator Serv., 545 [*96] So. 2d 453 (Fla.3d DCA 1989). We therefore reverse the final judgment.2 Reversed and remande…
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Buy-Low Save Ctrs., Inc. v. Glinert, 547 So. 2d 1283 (Fla. 4th DCA 1989)…ts have held that “trial courts should not allow motions in limine to be used as unwritten and unnoticed motions for partial summary judgment or motions to dismiss.” Brock v. G.D. Searle & Co., 530 So. 2d 428, 431 (Fla. 1st DCA 1988); Rice v. Kelly, 483 So. 2d 559, 560 (Fla. 4th DCA 1986); Dailey v. Multicon Development, Inc., 417 So. 2d 1106 (Fla. 4th DCA 1982). In the instant case, the order granting the motion in limine precluded Buy-Low from presenting relevant and material evidence crucial to the damage…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- F. K. G. Co., Inc. v. Keys Bottled GAS Co., 91 So. 2d 857 (Fla. 1957)
- Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956)
- Claughton v. Edward N. Claughton and the Honorable Richard S. Fuller, 452 So. 2d 1073 (Fla. 3d DCA 1984)