GARY C. QUILLING, APPELLANT,
v.
COUNTY OF SUMTER, FLORIDA, ETC., ET AL., APPELLEE
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Gary Quilling appealed several trial court rulings dismissing his claims against Sumter County and deputy sheriffs for alleged mistreatment while incarcerated at the county detention center. The appellate court reversed the summary judgment against the individual deputy sheriffs due to genuine issues of material fact, but affirmed the summary judgment in favor of the county and other rulings.
The court reversed the summary judgment as to the individual deputy sheriffs because material issues of fact existed regarding Quilling's claims of battery, conversion, and constitutional violations. The court affirmed the summary judgment in favor of the county and upheld the other trial court rulings without comment.
[1] A trial court's role in summary judgment proceedings is to determine if there are genuine issues of material fact and if the moving party is entitled to judgment as a mat…
[2] Summary judgment must be reversed when material issues of fact exist regarding claims of battery, conversion of personal property, and punishment in violation of Eighth a…
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Join FLexlaw to unlock all legal intelligence“The trial court's role in summary judgment proceedings is not one of weighing the evidence or passing on the credibility of witnesses. Instead, it is a means of efficiently disposing of those actions in which there are no genuine issues of material fact and the moving party is entitled to receive a judgment as a matter of law.”
Establishes the standard for summary judgment review and the trial court's limited role in such proceedings.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGary Quilling was incarcerated at the Sumter County detention center and alleged that deputy sheriffs battered him, converted his personal property, a…
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ANTOON, J.
Gary Quilling challenges several rulings entered by the trial court in his lawsuit against Sumter County and several Sumter County deputy sheriffs. Mr. Quilling’s claims of liability all arise from actions allegedly taken against him by deputy sheriffs while he was incarcerated at the Sumter County detention center. The challenged rulings include: 1) the order dismissing the claims against.several individual defendants; 2) the order vacating the default judgment entered against the county; 3) the order striking Mr. Quilling’s claim for punitive damages; and 4) the summary judgment order entered against Mr. Quilling. We reverse the summary judgment order entered in favor of the individual deputy sheriffs, but affirm without comment the summary judgment entered in favor of the county, as well as the court’s other rulings.
The trial court’s role in summary judgment proceedings is not one of weighing the evidence or passing on the credibility of witnesses. Instead, it is a means of efficiently disposing of those actions in which there are no genuine issues of material fact and the moving party is entitled to receive a judgment as a matter of law. See Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla.1961). Our review of the instant record reveals that material issues of fact exist with regard to Mr. Quilling’s claims that, while incarcerated at the Sumter County detention center, he was battered, his personal property was converted, and that he was punished in violation of his rights under the Eighth and Fourteenth Amendments of the United States Constitution. Accordingly, we must reverse the summary judgment and remand this matter for further proceedings.
AFFIRMED in part; REVERSED in part; and REMANDED.
GRIFFIN, C.J., and COBB, J., concur.
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Boyle v. Hernando Beach S. Prop. Owners Ass'n, Inc., 124 So. 3d 317 (Fla. 5th DCA 2013)…e claim without the necessity of a costly and time consuming trial. See Gabriel v. Disney [*319] Cruise Line, 93 So. 3d 1121, 1123 (Fla. 5th DCA 2012); Krol v. City of Orlando, 778 So. 2d 490, 491-92 (Fla. 5th DCA 2001); Quilling v. Cnty. of Sumter, 726 So. 2d 795, 795-96 (Fla. 5th DCA 1999); see also Nat’l Airlines v. Fla. Equip. Co. of Miami 71 So. 2d 741, 744 (Fla.1954) (“The function of the rule authorizing summary judgments is to avoid the expense and delay of trials when all facts are admitted or when a…
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Ameriseal OF N. E. Fla., Inc. v. Leiffer, 738 So. 2d 993 (Fla. 5th DCA 1999)…clearly appears from the pleadings, affidavits, depositions and other evidence in the record that there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law. Quilling v. County of Sumter, Florida, 726 So. 2d 795 (Fla. 5th DCA 1999); Gutierrez v. Bermudez, 540 So. 2d 888 (Fla. 5th DCA 1989). Once the trial commences, the defendant then tests the sufficiency of the plaintiffs evidence by a motion for directed verdict. Gutierrez. A motion for directed verdict…
Authorities Cited
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)