GRADY MACK KITTRELL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Rosenberg v. Cape Coral Plumbing, Inc., 920 So. 2d 61 (Fla. 2d DCA 2005)
  …t is only appropriate when the movant has shown conclusively that no genuine issues of material fact remain, and every inference must be drawn in favor of the party against whom summary judgment is sought. Maggio v. Dep’t of Labor & Employment Sec., 910 So. 2d 876, 878 (Fla. 2d DCA 2005). Here, genuine issues of material fact remain, such as whether Cape Coral Plumbing performed its work in a workmanlike manner according to standard practices and whether Cape Coral Plumbing’s work caused the damage to the hou…
• Galaxy Fireworks, Inc. v. The Honorable Jeb Bush, 927 So. 2d 995 (Fla. 2d DCA 2006)
  …verse and remand for further proceedings. A summary judgment is proper only when there is an absence of a genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Maggio v. Dep’t of Labor and Employment Sec., 910 So. 2d 876, 878 (Fla. 2d DCA 2005). This court reviews de novo an order granting summary judgment, and we must draw every inference in favor of the party against whom the summary judgment was entered. Id. at 878. In the present case, the trial court’s entry…
• Schornberg v. Panorama Custom Homebuilders, Inc., 972 So. 2d 243 (Fla. 2d DCA 2007)
  …ermine whether the claim for damages was precluded by the language of the Mutual Release Agreement. “[A] cause of action is said to accrue when ‘the last element constituting the cause of action occurs.’ ” Maggio v. Dep’t of Labor & Employment Sec., 910 So. 2d 876, 878 (Fla. 2d DCA 2005) (quoting § 95.031, Fla. Stat. (2002)). Damages are an element of a cause of action for negligence. Monroe v. Sarasota County Sch. Bd., 746 So. 2d 530, 531 (Fla. 2d DCA 1999) (“[W]e continue to hold, as a general rule, that bo…