ESSIE LEARY, APPELLANT,
v.
FIRST PROPERTY MANAGEMENT CORP., AN ILLINOIS CORPORATION, APPELLEE
ESSIE LEARY, APPELLANT,
FIRST PROPERTY MANAGEMENT CORP., AN ILLINOIS CORPORATION, APPELLEE
613 So. 2d 580
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In defense of a summary judgment, the appellee relies upon an inference that a trip and fall in the vicinity of a crack in a sidewalk may have been caused by something other than the crack itself. That inference conflicts with the plaintiff’s claim that the crack caused the fall and, at best, creates an issue of fact. The burden of the movant for summary judgment, to demonstrate conclusively the nonexistence of any genuine issue of law or fact on the issue of liability, Prudential-LMI Commercial Ins. Co. v. Sears Roebuck & Co., 572 So. 2d 15 (Fla. 3d DCA 1990), was not carried.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rease v. Anheuser-Busch, Inc., 644 So. 2d 1383 (Fla. 1st DCA 1994)…e statute of limitations does not bar the introduction of evidence offered to prove a cause of action brought within the limitations period. See Edenfield v. B & I Contractors, Inc., 624 So. 2d 389 (Fla. 2d DCA 1993); Robbins v. City of Miami Beach, 613 So. 2d 580 (Fla. [*1388] 3d DCA 1993). As the court in Robbins stated, “[T]he fact that limiting statutes bar the bringing of a cause of action on stale facts does not, alone, render those same facts inadmissible as evidence of motive to prove another valid ca…
-
Aguilar Mendez v. St. Johns Cnty. (M.D. Fla. 2025)…ccepted at the motion to dismiss stage “where no obviously contradictory video evidence is available,” id. at 1277-78, which presents a high bar where the allegations center on a protracted scuffle. [4] ---PAGE 5--- Robbins v. City of Miami Beach, 613 So.2d 580, 581 (Fla. 3d DCA 1993) (permitting false arrest claim to go forward based on pretextual arrest theory, and describing right to non-violently resist unlawful arrest); that he used excessive force in effecting the arrest, committing a state law batte…
-
Lopez v. City of Opa-Locka (S.D. Fla. 2025)…Given the disputed material facts, the Court cannot conclude, as a matter of law, that probable cause supported Plaintiff's arrest for obstruction, disorderly conduct, or resisting arrest without violence. See, e.g., Robbins v. City of Miami Beach, 613 So. 2d 580, 581 (Fla. 3d DCA 1993). Because probable cause is a complete defense to false arrest under Florida law, and because the presence or absence of probable cause turns on disputed facts, summary judgment must be denied. And since the City's liability u…
Authorities Cited
- Prudential-Lmi Commercial Ins. Co. v. Sears, 572 So. 2d 15 (Fla. 3d DCA 1990)