ALFREDO MURCIANO, APPELLANT,
v.
MIGUEL I. GARCIA AND SHELTON & ASSOCIATES REALTORS, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Alfredo Murciano, a residential property seller, appeals a summary judgment against him in a breach of contract dispute over a purchase deposit. The court reversed, finding that genuine issues of material fact existed regarding whether the seller breached the contract by violating zoning or building codes, precluding summary judgment.
Summary judgment was improper because the buyer failed to carry his burden of demonstrating conclusively the absence of any genuine issue of material fact. The conflicting facts regarding whether zoning violations existed, whether they were incurable, and whether proper procedures were followed must be submitted to a jury.
[1] A party moving for summary judgment must conclusively demonstrate the absence of any genuine issue of material fact.
[2] Summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought”
Establishes the legal standard for summary judgment in Florida
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMurciano entered into a residential real estate purchase and sale agreement with buyer Miguel Garcia. On the morning of closing, Garcia declared Murci…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Building Code Violations cases and more on FLexlaw
PER CURIAM.
Alfredo Murciano, the seller under a residential real estate purchase and sale agreement, appeals an adverse summary judgment in an action against him for recovery of a deposit made for the purchase of his residence. Having carefully reviewed the record, we conclude that the buyer, Miguel I. Garcia, failed to carry his burden of demonstrating conclusively the absence of any genuine existence of material fact. Accordingly we reverse.
The law regarding summary judgment is well-established:
[A] party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought. A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.
If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.
Moore v. Morris, 475 So. 2d 666, 668 (Fla.1985)(internal citations omitted).
For Garcia to prevail on a breach of contract action, he must prove (1) a valid contract; (2) a material breach; and (3) damages. Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000). Here, limiting ourselves to an examination of the record as it existed before the trial court, we find the evidence presented by Garcia insufficient to demonstrate the existence of a material breach by Murciano to the exclusion of all other inferences. On the morning the transaction was to close, Garcia declared the seller in default by letter alleging incurable zoning or building code violations. Three weeks later, apparently at the instigation of Garcia, the City of Coral Gables cited Murciano for zoning violations relating to “interior construction, alterations and repairs without approval and permit(s).” Murciano also was cited for “areas below flood grade built out without approval and permits.” Murciano in sworn proofs disputes the alleged violations, disputes that they are incurable, and urges that the City did not do an inspection before citing him.
On the facts presently of record, we cannot conclusively find that there is no genuine issue in the record. Summary judgment necessarily is precluded. The conflicting facts in this case should be submitted to a jury. Wallace v. Pensacola Rent-A-Wreck, Inc., 616 So. 2d 1048, 1050 (Fla. 5th DCA1993).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Deauville Hotel Mgmt., LLC v. Kemesia Boota Ward and Patrick James Ward, 219 So. 3d 949 (Fla. 3d DCA 2017)…not, as matter of law, extreme and outrageous. 1. Breach of contract. To prevail in a breach of contract action, a plaintiff must prove: (1) a valid contract existed; (2) a material breach of the contract; and (3) damages. See Murciano v. Garcia, 958 So. 2d 423 (Fla. 3d DCA 2007). Deauville contends that because the contract allowed it to reassign a space as needed and because “function space” was not defined as the Richelieu ballroom, the hotel did not breach the contract when it unilaterally moved the Wa…
-
In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)…elements: (1) a valid contract; (2) a material breach; and (3) damages. Friedman v. New York Life Ins. Co., 985 So. 2d 56, 58 (Fla. 4th DCA 2008). This general rule was enunciated by various Florida district courts of appeal. See Murciano v. Garcia, 958 So. 2d 423, 423-24 (Fla. 3d DCA 2007); Abbott Laboratories, Inc. v. General Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000); Mettler, Inc. v. Ellen Tracy, Inc., 648 So. 2d 253, 255 (Fla. 2d DCA 1994); Knowles v. C. I. T. Corp., 346 So. 2d 1042, 1043 (Fl…1 / 2
-
Burlington & Rockenbach, P.A. v. LAW Offs. OF E. Clay Parker, 160 So. 3d 955 (Fla. 5th DCA 2015)…of contract issue remains to be considered. In order to prevail in a cause of action for breach of contract, evidence must be presented that establishes: 1) a valid contract; 2) a material breach of the contract; and 3) damages. Murciano v. Garcia, 958 So. 2d 423, 423 (Fla. 3d DCA 2007); Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000). Trial Attorneys trip and fall over the material breach element. To establish a material breach, the party alleged to have breached the contra…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Abbott Labs., Inc. v. Gen. Elec. Cap., 765 So. 2d 737 (Fla. 5th DCA 2000)
- Jones v. Soldavini & Gualario, Inc., 616 So. 2d 1048 (Fla. 2d DCA 1993)