ANSTEN TRETTEN AND PHILIP TRETTEN, APPELLANTS,
v.
PAUL J. IRRGANG AND DAVID JAGGAN, APPELLEES
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PER CURIAM.
The trial court entered summary judgment in favor of Paul Irrgang. Appellants’ contend that the order granting summary judgment was erroneous because the record reflects the existence of genuine issues of material fact. We agree.
According to Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995):
[I]f a record reflects the existence of any genuine issue of material fact or the possibility of any issue, or if the record raises even the slightest doubt that an issue might exist, that doubt must be resolved against the moving party, and summary judgment must be denied.
Id. at 646. We find that the record before us reflects that there is a genuine question of fact regarding the foreseeability that Mr. Jaggan would burn trash in Mr. Irrgang’s absence, and we therefore find that the order granting summary judgment should be reversed.
REVERSED AND REMANDED.
DELL, C.J., and POLEN and SHAHOOD, JJ., concur.
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Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)…2 So. 2d 223, 223 (Fla. 3d DCA 1996). Finally, district courts also commonly hold that the act of simply sending a letter to the trial judge is “sufficient record activity to avoid dismissal if ... placed in the court file.” Smith v. Broward County, 654 So. 2d 1297, 1298 (Fla. 4th DCA 1995); see also Cole v. Dep’t of Corrections, 726 So. 2d 854, 855-56 (Fla. 4th DCA 1999). I find these cases significant to the resolution of the issues before the Court in the instant cause, and I am persuaded that ordering a st…
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Lemuel L. Cole v. Dep't OF Corr., 726 So. 2d 854 (Fla. 4th DCA 1999)…eflected in the court file that was designed to move the case forward toward a conclusion on the merits or to hasten the suit to judgment.” Barnett Bank of East Polk County v. Fleming, 508 So. 2d 718, 720 (Fla.1987). In F.X. Smith v. Broward County, 654 So. 2d 1297, 1298 (Fla. 4th DCA 1995), we held that a letter to the judge requesting a trial date is sufficient record activity to avoid dismissal. [*856] Similarly, in Wilcox v. Morse, 693 So. 2d 91, 92 (Fla. 2d DCA 1997), the second district held that a notic…
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- Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995)