MARIA SUAREZ AND ROLANDO SUAREZ, APPELLANTS,
v.
THE CITY OF HIALEAH, APPELLEE

Fla. 3d DCA | 2007-12-26
No. 3D07-163
Before WELLS and LAGOA, JJ., and SCHWARTZ, Senior Judge.
971 So. 2d 948 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 2 cases
Topics
Summary Judgment Standard Summary Judgment Negligence Standard Of Review

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Opinion of the Court
WELLS, Judge.

WELLS, Judge.

In this personal injury action, Maria and Rolando Suarez appeal an order granting final summary judgment in favor of the City of Hialeah on their claim that the City negligently maintained a sidewalk on which a slip and fall accident occurred. Because the City failed to demonstrate the lack of material issues of fact that would support entry of summary final judgment in its favor, we reverse. See Moore v. Morris, 475 So. 2d 666, 668 (Fla.1985) (“The law is well settled in Florida that 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.”); Castillo v. State Farm Fla. Ins. Co., 971 So. 2d 820, 2007 WL 3005974 (Fla. 3d DCA Oct.17, 2007) (“The burden is upon the party moving for summary judgment to demonstrate that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.”).

Reversed and remanded for further proceedings.

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  • JVN Holdings, Inc. v. Am. Constr. & Repairs, LLC, 185 So. 3d 599 (Fla. 3d DCA 2016)
    …trial court (and this Court in its de novo review) must construe all the evidence, and draw every possible inference therefrom, in a light most favorable to the non-moving party. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Suarez v. City of Hialeah, 971 So. 2d 948 (Fla. 3d DCA 2007); McQueen v. Roye, 785 So. 2d 512 (Fla. 3d DCA 2000). The trial court erred in determining there were no genuine issues of material fact in dispute. Though not a model of clarity, the deposition testimony of Mr. Weider contains mu…

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