MARLENE SABY, APPELLANT,

v.

J.C. PENNEY LIFE INSURANCE COMPANY, APPELLEE

Citator

Cited By (26 total)

• The Est. OF Naomi Githens v. BON Secours-Maria Manor Nursing Care Ctr., Inc., 928 So. 2d 1272 (Fla. 2d DCA 2006)
  …ove the nonexistence of genuine issues of material fact, “and the burden of proving the existence of such issues is not shifted to the opposing party until the movant has successfully met his burden.” Nard, Inc. v. DeVito Contracting & Supply, Inc., 769 So. 2d 1138, 1140 (Fla. 2d DCA 2000) (quoting Holl v. Talcott, 191 So. 2d 40, 44 (Fla.1966)). We recognized in Nard that “the merest possibility of the existence of a genuine issue of material fact precludes the entry of final summary judgment.” Id. Then, “if t…
• Clifton v. United Cas. Ins. Co. of Am., 31 So. 3d 826 (Fla. 2d DCA 2010)
  …e must be viewed in favor of the party opposing summary judgment. Id. Even the slightest possibility of the existence of a genuine issue of material fact precludes the entry of final summary judgment. Nard, Inc. v. DeVito Contracting & Supply, Inc., 769 So. 2d 1138, 1140 (Fla. 2d DCA 2000). [*829] Here, the record reflects that there are genuine issues of material fact that preclude the entry of summary judgment in favor of United Casualty. Florida courts have repeatedly held that when an insurer pays addition…
• Taylor v. Bayview Loan Servicing, LLC, 74 So. 3d 1115 (Fla. 2d DCA 2011)
  …204, 1206 (Fla. 2d DCA 2003)). And, “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.” Nard, Inc. v. DeVito Contracting & Supply, Inc., 769 So. 2d 1138, 1140 (Fla. 2d DCA 2000). Furthermore, to be entitled to summary judgment, the movant must not only establish that there are no genuine issues of material fact regarding the parties’ claims, but also the movant “must either factually refute the affi…

Authorities Cited

• Borja v. Nationsbank OF Fla., N.A., 730 So. 2d 799 (Fla. 3d DCA 1999)