MICHAEL MCKENNA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL MCKENNA, APPELLANT,
STATE OF FLORIDA, APPELLEE
111 So. 3d 955
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
AFFIRMED. See Fox v. State, 892 So.2d 1197 (Fla. 5th DCA 2005).
EVANDER, COHEN and BERGER, JJ., concur.
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Howell v. Pasco Cnty. & Outlaw Pasco Cnty. & Outlaw, 165 So. 3d 12 (Fla. 2d DCA 2015)…order on appeal. II. ANALYSIS “Summary judgment should be granted only when ‘there is no genuine issue of material fact and ... the moving party is entitled to a judgment as a matter of law.’ ” Pilot Constr. Servs., Inc. v. Babe’s Plumbing, Inc., 111 So. 3d 955, 957 (Fla. 2d DCA 2013) (quoting Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000)). “ ‘The party moving for summary judgment has the burden of establishing irrefutably that the nonmov-ing party cannot prevail.’ ” Id. (…
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CB Contractors, LLC v. Allens Steel Prods., Inc., 261 So. 3d 711 (Fla. 5th DCA 2018)…nclude that the trial court erred in ruling that the entirety of the clauses are void. Cuhaci & Peterson Architects, Inc. v. Huber Constr. Co. , 516 So. 2d 1096, 1097 (Fla. 5th DCA 1987) ; accord Pilot Constr. Servs., Inc. v. Babe's Plumbing, Inc. , 111 So. 3d 955, 959 (Fla. 2d DCA 2013) (stating that section 725.06 would only bar indemnification claims based on indemnitee's own negligence); Linpro Fla. Inc. v. Almandinger , 603 So. 2d 666, 667 n.1 (Fla. 1st DCA 1992) (notwithstanding void portion of indemnit…
Authorities Cited
- Celeste May FOX v. State, 892 So. 2d 1197 (Fla. 5th DCA 2005)
- Harris v. State, 892 So. 2d 1197 (Fla. 5th DCA 2005)