INVERSIONES ARMADENI, S.A., APPELLANT,
v.
JOSE TEJEDO, JR., APPELLEE

Fla. 3d DCA | 1997-09-24
No. 96-3149
Before COPE, GERSTEN and SHEVIN, JJ.
700 So. 2d 416 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the summary judgment entered in favor of the appellee. A genuine issue of material fact exists as to the date the appellant knew or should have known of the existence of the fraudulent concealment action, and thus summary judgment is precluded. See Nardone v. Reynolds, 333 So. 2d 25 (Fla.1976); Brugiere v. Credit Commerciale France, 679 So. 2d 875 (Fla. 1st DCA 1996); Grossman v. Greenberg, 619 So. 2d 406 (Fla. 3d DCA), rev. denied, 629 So. 2d 133 (Fla. 1993).

Reversed.


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Citator

Cited By (15 total)

  • Shafran v. Parrish, 787 So. 2d 177 (Fla. 2d DCA 2001)
    …. As the moving parties, the appellees had to demonstrate conclusively that the non-moving party, Mr. Shafran, could not prevail. See Tampa Port Auth. v. NES Int’l, Inc., 756 So. 2d 241 (Fla. 2d DCA 2000); Valk v. J.E.M. Distrib. of Tampa Bay, Inc., 700 So. 2d 416, 419 (Fla. 2d DCA 1997). This is a heavy burden, Wilson v. Woodward, 602 So. 2d 547, 549 (Fla. 2d DCA 1992), and our review of the record has convinced us that the appellees have not carried that burden. When a statement charges a person with commi…
  • Pasco v. City OF Oldsmar, 953 So. 2d 766 (Fla. 2d DCA 2007)
    …uded.” Fatherly v. Cal. Fed. Bank, FSB, 703 So. 2d 1101, 1102 (Fla. 2d DCA 1997). On appeal from a summary judgment, all facts and inferences are viewed in the light most favorable to the nonmoving party. Valk v. J.E.M. Distribs. of Tampa Bay, Inc., 700 So. 2d 416, 419 (Fla. 2d DCA 1997). Section 95.361 creates a presumption that a road is dedicated to the public when it was both constructed by a governmental entity and “maintained or repaired continuously and uninterruptedly for 4 years” by the governmental…
  • Garden St. Iron & Metal, Inc. v. Tanner, 789 So. 2d 1148 (Fla. 2d DCA 2001)
    …other allegation, of trespass, was timely. We reverse the summary judgment on that count. When reviewing a summary judgment, we must view the facts in the light most favorable to the nonmoving party. See Valk v. J.E.M. Distrib. of Tampa Bay, Inc., 700 So. 2d 416 (Fla. 2d DCA 1997). As such, the evidence showed that this dispute emanated from Garden Street’s purchase of Tanner’s scrap metal business in 1988. At that time, there were a number of used tires on the property. Garden Street did not want the tires…

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