STATE OF FLORIDA, APPELLANT,
v.
PHILIP E. SUCENA, APPELLEE
STATE OF FLORIDA, APPELLANT,
PHILIP E. SUCENA, APPELLEE
629 So. 2d 307
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The state appeals an order dismissing, on double jeopardy grounds, a charge of driving under the influence of alcohol. This appeal is controlled by our recent decision in State v. Coupal, 626 So. 2d 1013 (Fla. 2d DCA 1993). Therefore, we reverse the order of dismissal and remand for further proceedings consistent with Coupal.
CAMPBELL, A.C.J., and PARKER and PATTERSON, JJ., concur.
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Castillo v. State Farm Fla. Ins. Co. & State Farm Fire & Cas. Co., 971 So. 2d 820 (Fla. 3d DCA 2007)…the party moving for summary judgment to demonstrate that there is no genuine issue as to any material fact and that the movant is entitled to judg [*824] ment as a matter of law. Fla. R. Civ. P. 1.510(c); Pennco, Inc. v. Am. Gen. Home Equity, Inc., 629 So. 2d 307 (Fla. 2d DCA 1993). Moreover, the movant must “demonstrate conclusively that the non-moving party cannot prevail.” Pennco, 629 So. 2d at 308. Here, the Castillos specifically alleged that the damages to the dwelling occurred without the displacement…
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Berenson v. S. Baptist Hosp. OF Fla., Inc., 646 So. 2d 809 (Fla. 1st DCA 1994)…negated all allegations and inferences raised by the non-moving party. Holl v. Talcott, 191 So. 2d 40, 43 (Fla.1966); Johnson v. Deep South Crane Rentals, Inc., 634 So. 2d 1113 (Fla. 1st DCA 1994); Pennco, Inc. v. American General Home Equity, Inc., 629 So. 2d 307 (Fla. 2d DCA 1993). The nonmoving party is not bound to come forward with any evidence or inferences until the proponent of the motion has met its exceedingly high burden. This burden requires the movant to demonstrate conclusively that the nonmovin…
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Lake SUE Dev. Co., Inc. v. Keewin Real Prop. Co., 950 So. 2d 1280 (Fla. 5th DCA 2007)…llegations and inferences raised by the nonmov-ing party. See Holl v. Talcott, 191 So. 2d 40, 43 (Fla. 1966); Berenson v. Southern Baptist Hosp. of Fla., Inc., 646 So. 2d 809, 810 (Fla. 1st DCA 1994); Pennco, Inc. v. American Gen. Home Equity, Inc., 629 So. 2d 307 (Fla. 2d DCA 1993). The nonmoving party is not bound to come forward with any evidence or inferences until the proponent of the motion has met its high burden. This proponent’s burden is to show that the nonmoving party cannot prevail. See Berenson;…
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- State v. Coupal, 626 So. 2d 1013 (Fla. 2d DCA 1993)