MICHAEL D. O'DONNELL D/B/A O'DONNELL FARMS, INC., APPELLANT,
v.
BELLSOUTH ADVERTISING & PUBLISHING CORPORATION, APPELLEE
Explore caselaw by topic → Browse Contract Performance cases and more on FLexlaw
SHAHOOD, J.
This is an appeal by Michael D. O’Donnell (O’Donnell) from the Summary Final Judgment entered against him in a suit filed by BellSouth Advertising & Publishing Corporation (BellSouth) seeking payment for advertising services.
BellSouth presented evidence at the hearing showing that there was a contract, that BellSouth performed under the contract by providing advertising services, and that O’Donnell owed money for the value of the services provided. Absent additional evidence to refute this evidence, the trial court correctly granted summary judgment in favor of BellSouth. “When the movant produces sufficient evidence to support summary judgment, it is the opponent’s burden to come forward with either counter-evidence or justifiable inferences from the evidence presented.” Nat’l Indem. Co. of the S. v. Consol. Ins. Servs., 778 So. 2d 404, 408 (Fla. 4th DCA 2001)(eiting Corbitt v. Kuruvilla, 745 So. 2d 545, 548 (Fla. 4th DCA 1999)).
Affirmed.
STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014)…presented to a jury and proved beyond a reasonable doubt. The determination of the date Lopez was released from prison for the prior offense was a ministerial act the trial judge properly made incident to sentencing. See id. at 15; Gurley v. State, 906 So. 2d 1264, 1265 (Fla. 4th DCA 2005) (holding that even though the judge, rather than the jury, determined that Gurley’s conviction fell within three years of his release from prison, the date of release from prison was analogous to the fact of a prior convict…
-
Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)…ination. Id. at 634. Applying the rationale of Tillman, we conclude that Calloway’s date of release from prison is a part of his prior record and thus does not need to be presented to a jury and proved beyond a reasonable doubt. See Gurley v. State, 906 So. 2d 1264, 1265 (Fla. 4th DCA 2005) (“For the purpose of applying Apprendi and Blakely, the date of a defendant’s release from prison under the prison releasee reoffender statute is analogous to the fact of a prior conviction under the habitual felony offende…
-
Peterson v. State, 911 So. 2d 184 (Fla. 1st DCA 2005)…prendi does not apply to PRR sentencing, as held in McDowell v. State, 789 So. 2d 956 (Fla.2001). Moreover, the Fourth District has specifically held that Apprendi and Blakely do not apply to the finding of a prior release date. See Gurley v. State, 906 So. 2d 1264 (Fla. 4th DCA 2005). Appellant’s second argument is that admission of the Department of Corrections’ (DOC) records violated his rights under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). This argument is without meri…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Indem. Co. OF THE S. v. Consol. Ins. Servs. & Symons Int'l Grp., Inc., 778 So. 2d 404 (Fla. 4th DCA 2001)
- John D. Corbitt, JR., M.D. v. Genevieve Kuruvilla, M.D., 745 So. 2d 545 (Fla. 4th DCA 1999)