FRANK KANE, APPELLANT,

v.

THE DUBLINER, INC.; THOMAS ORTIZ; AND HOWARD AVENUE STATION, LLC, APPELLEES

Citator

Cited By

• Encarnacion v. Lifemark Hosps. OF Fla., 211 So. 3d 275 (Fla. 3d DCA 2017)
  …‘genuine’ only if a reasonable jury, considering the evidence presented, could find for the non-moving party.”) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); see also Dreggors v. Wausau Ins. Co., 995 So. 2d 547, 549 (Fla. 5th DCA 2008). ANALYSIS We apply this standard separately to each defendant. I. Palmetto General Hospital “A negligence claim has four elements: (1) a duty by defendant to conform to a certain standard of conduct; (2) a breach by defe…
• Ginnifer GEE v. U.S. Bank Nat'l Ass'n, 72 So. 3d 211 (Fla. 5th DCA 2011)
  …depositions, and other materials as would be admissible in evidence” on which the parties rely. Fla. R. Civ. P. 1.510(c). But in doing so, the court must draw “every possible inference” in favor of the non-moving party. Dreggors v. Wausau Ins. Co., 995 So. 2d 547, 549 (Fla. 5th DCA 2008); Edwards v. Simon, 961 So. 2d 973, 974 (Fla. 4th DCA 2007). Ms. Gee first challenges U.S. Bank’s standing to bring the action. The proper party with standing to foreclose a note and mortgage is the holder of the note and mo…
• Bishop v. R.J. Reynolds Tobacco Co., 96 So. 3d 464 (Fla. 5th DCA 2012)
  …nce in the record, including any supporting affidavits, must be construed in the light most favorable to the non-moving party. If the record reflects any genuine issue of material fact, summary judgment must be reversed. Dreggors v. Wausau Ins. Co., 995 So. 2d 547, 549 (Fla. 5th DCA 2008). In Engle III, the supreme court held that the Engle class included Florida residents who have suffered, presently suffer, or who have died from diseases and medical conditions caused by their addiction to cigarettes that c…

Authorities Cited

• Pro-Art Dental LAB, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008)