VINCENZO TRAPANI AND LINDA TRAPANI, APPELLANTS,
v.
WINN DIXIE STORES, INC., APPELLEE
VINCENZO TRAPANI AND LINDA TRAPANI, APPELLANTS,
WINN DIXIE STORES, INC., APPELLEE
989 So. 2d 670
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Vincenzo and Linda Trapani appeal from a final summary judgment entered in favor of Winn Dixie Stores, Inc. The Trapanis’ claim for personal injuries to Vincenzo and the consortium claim of his wife, Linda, arise from a slip and fall accident on the premises of Winn Dixie Stores. In moving for summary judgment, Winn Dixie Stores failed to file any affidavits or depositions in support of its motion for summary judgment and it failed to establish that there were no genuine issues of material fact. We therefore reverse the entry of the final summary judgment.
Reversed.
POLEN, FARMER and HAZOURI, JJ., concur.
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Mobley v. Homestead Hosp., Inc., 291 So. 3d 987 (Fla. 3d DCA 2019)…347, 349 (Fla. 3d DCA 2017) (same); Bogatov v. City of Hallandale Beach, 192 So. 3d 600, 601 (Fla. 4th DCA 2016) (same); Grimes v. Family Dollar Stores of Fla., Inc., 194 So. 3d 424, 426 n.1 (Fla. 3d DCA 2016) (same); Bertoni v. Stock Bldg. Supply, 989 So. 2d 670, 673 (Fla. 4th DCA 2008) (same). over sixty years and remains the black letter law today.” Gonzalez, 273 So. 3d at 1036 n.3. See, e.g., The Fla. Bar v. Mogil, 763 So. 2d 303, 307 (Fla. 2000) (citing Harvey, 175 So. 2d at 783); Landers v. Milton,…
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Yuri Sucart and Jose Gustavo Gomez v. Off. OF THE Comm'r, 129 So. 3d 1112 (Fla. 3d DCA 2013)…rvision, Inc., 661 So. 2d 33, 35 (Fla. 2d DCA 1995). And, at that point, a determination would have to be made if the preemption eliminated the trial court’s jurisdiction or merely served as an affirmative defense. See Bertoni v. Stock Bldg. Supply, 989 So. 2d 670, 674 (Fla. 4th DCA 2008). At this stage of the proceedings, however, we cannot say that the trial court’s assertion of jurisdiction in this matter, which on its face appears reasonable, rises to the level “of an abuse of judicial power, an act of j…
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Cordis Corp. & Johnson & Johnson of N.J., Inc. v. O'Shea, 24 So. 3d 576 (Fla. 4th DCA 2009)…lete, preemption. Further, the issues presented are more properly characterized as a “choice of law” issue rather than “choice of forum” preemption, which would provide exclusive jurisdiction in the federal courts. See Bertoni v. Stock Bldg. Supply, 989 So. 2d 670, 674 (Fla. 4th DCA 2008) (in which the court contrasted defensive preemption with complete preemption); Days Inns Acquisition Corp. v. Hutchinson, 707 So. 2d 747, 749 n. 1 (Fla. 4th DCA 1997) (where court recognized that a question of whether federa…
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