BEN SAPIO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Garrison KEY v. Dieter Trattmann, 959 So. 2d 339 (Fla. 1st DCA 2007)
  …e conclusive, such that all reasonable inferences which may be drawn in favor of the opposing party are overcome. “[I]f the record raises even the slightest doubt that an issue might exist, summary judgment is improper.” Jackson v. H.L. Bouton Co., 630 So. 2d 1173, 1175 (Fla. 1st DCA 1994) (quoting Holland v. Verheul, 583 So. 2d 788, 789 (Fla. 2d DCA 1991)) (citations omitted). See also Martin County v. Edenfield, 609 So. 2d 27, 29 (Fla.1992) (“A defense is not a sufficient basis for granting a motion for sum…
• Hogan v. Gray Gable, 30 So. 3d 573 (Fla. 1st DCA 2010)
  …admit evidence of the occurrence or nonoccurrence of prior accidents under substantially similar conditions is within the sound discretion of the trial court and will not be disturbed on appeal absent a showing of abuse.” Jackson v. H.L. Bouton Co., 630 So. 2d 1173, 1176 (Fla. 1st DCA 1994) (citing Lasar Mfg. Co. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983)). Evidence of occurrence or nonoccurrence of prior accidents is admissible where the evidence pertains to the same type of equipment under substantially…
• Laidlaw v. The Krystal Co., 53 So. 3d 1128 (Fla. 1st DCA 2011)
  …d be entered only when there is no genuine issue of any material fact, and even the slightest doubt as to the existence of such a question precludes summary judgment. Falco v. Copeland, 919 So. 2d 650 (Fla. 1st DCA 2006); Jackson v. H.L. Bouton Co., 630 So. 2d 1173 (Fla. 1st DCA 1994); see also Cassoutt v. Cessna Aircraft Co., 660 So. 2d 277 (Fla. 1st DCA 1995), rev. denied, 668 So. 2d 602 (Fla.1996). The trial court should not resolve factual questions upon motion for summary judgment and instead must view th…

Authorities Cited

• Jaggers v. State, 536 So. 2d 321 (Fla. 2d DCA 1988)
• THE Florida BAR v. Greene, 485 So. 2d 1279 (Fla. 1986)