K.E.L. TITLE INSURANCE AGENCY, INC., APPELLANT,
v.
CIT TECHNOLOGY FINANCING SERVICES, INC., APPELLEE

Fla. 5th DCA | 2011-04-08
No. 5D09-3081
GRIFFIN and TORPY, JJ„ concur.
58 So. 3d 369 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 4 cases

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Holding

The court held that a conclusory affidavit is insufficient to raise a genuine issue of material fact, precluding summary judgment.

Facts & Procedural History

Appellant entered lease agreements with Appellee for equipment and defaulted on payment. Appellant claimed Appellee breached the contract via a third-…

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Topics
Genuine Issue Of Material Fact Summary Judgment

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Opinion of the Court
COHEN, J.

COHEN, J.

Appellant, K.E.L. Title Insurance Agency, Inc., challenges the entry of summary judgment in favor of Appellee, CIT Technology Financing Services, Inc. While two *370issues were raised on appeal, only one merits discussion: whether Appellant’s affidavit raised a genuine issue of material fact, precluding summary judgment.

Appellant entered into two lease agreements with Appellee for the purchase of digital imaging equipment. After Appellant defaulted on payment, Appellee filed suit and later moved for summary judgment. In support of its affirmative defense that Appellee materially breached the contract by failing to comply with its service agreement, Appellant filed a sworn affidavit asserting the existence of a service agreement with a third party that was an agent of Appellee. This affidavit is contradicted by the explicit terms of the lease agreements which stated Appellant was responsible for any service or maintenance and the supplier was not Appellee’s agent. Despite Appellant’s sworn affidavit, the trial court granted Appellee summary judgment after determining no genuine issues of material fact existed.

Notwithstanding Appellant’s argument to the contrary, the trial court did not err in granting summary judgment because Appellant’s affidavit was merely concluso-ry in nature and insufficient to raise a genuine issue of material fact. See Landers v. Milton, 370 So.2d 368, 370 (Fla.1979) (holding conclusory affidavits inadequate to create issue of fact); Valderrama v. Portfolio Recovery Assocs., LLC, 972 So.2d 239, 239 (Fla. 3d DCA 2007).

Accordingly, the final summary judgment is affirmed.

AFFIRMED.

GRIFFIN and TORPY, JJ„ concur.

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Citator

Cited By

  • Ramsey v. Home Depot U.S.A., Inc., 124 So. 3d 415 (Fla. 1st DCA 2013)
    …pinions that the wheel stops in Home Depot’s parking lot created a dangerous condition. Conelusory, general assertions do not create factual disputes necessary to avoid summary judgment. K.E.L. Title Ins. Agency, Inc. v. CIT Tech. Fin. Servs., Inc., 58 So. 3d 369, 369 (Fla. 5th DCA 2011); Valenzuela v. GlobeGround N. Am., LLC, 18 So. 3d 17, 25 (Fla. 3d DCA 2009). Because the Ramseys failed to come forward with any evidence that Home Depot failed to use ordinary care to maintain the accessible parking area i…
  • Neida Passariello v. THE Bank of NEW York Mellon, 347 So. 3d 446 (Fla. 3d DCA 2022)
    …ing that an opposing affidavit’s conclusory averments, based on supposition and information not derived from personal knowledge, “were clearly inadequate to create an issue of fact”); K.E.L. Title Ins. Agency, Inc. v. CIT Tech. Fin. Servs., Inc., 58 So. 3d 369, 370 (Fla. 5th DCA 2011) (“Appellant's affidavit was merely conclusory in nature and insufficient to raise a genuine issue of material fact.”); Morgan v. Cont’l Cas. Co., 382 So.2d 351, 353 (Fla. 3d DCA 1980) (“It is well established that affida…
  • Cascante v. 50 State Sec. Serv., Inc. (Fla. 3d DCA 2019)
    …by the trial court of appellants’ conclusory expert affidavit. See Landers v. Milton, 370 So. 2d 368, 370 (Fla. 1979) (holding conclusory affidavits inadequate to create issue of fact); K.E.I. Title Ins. Agency, Inc. v. CIT Tech. Fin. Servs., Inc., 58 So. 3d 369, 370 (Fla. 5th DCA 2011) (“[T]he trial court did not err in granting summary judgment because Appellant’s affidavit was merely conclusory in nature and insufficient to raise a genuine issue of material fact.”); Valderrama v. Portfolio Recovery Assoc…

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