IN RE BURGESS' ESTATE

Citator

Cited By (11 total)

• Marietta Goode v. Walt Disney World Co., 425 So. 2d 1151 (Fla. 5th DCA 1982)
  …said that a conclusion as to the existence of the ultimate fact is justified by the circumstantial evidence. Tucker Bros, 90 So. 2d at 911. Appellants also rely on Majeske v. Palm Beach Kennel Club, 117 So. 2d 531 (Fla. 2d DCA 1959), cert. denied, 122 So. 2d 408 (Fla.1960), to support their contention that circumstantial evidence as to proximate cause is sufficient to allow the case to go to the jury. In Majeske, a woman fell down some stairs, it was not known what caused the accident, but it was uncontrove…
• The Nat'l Exhibition Co. v. Ball, 139 So. 2d 489 (Fla. 2d DCA 1962)
  …ng party for summary judgment has the burden of showing the absence of any genuine issue as to all material facts. Tarkoff v. Schmunk, Fla.App.1959, 117 So. 2d 442; Majeske v. Palm Beach Kennel Club, Fla.App.1959, 117 So. 2d 531, cert. denied, Fla., 122 So. 2d 408. We feel the appellee failed to carry this burden. If a doubt exists as to the existence or non-existence of a material fact, such doubt must be resolved against the party moving for summary judgment. Manning v. Clark, Fla.1954, 71 So. 2d 508; Bake…
• Hardee v. Gordon Thompson Chevrolet, Inc., 154 So. 2d 174 (Fla. 1st DCA 1963)
  …e of action plaintiff may have on any separate or different theory of law.8 The judgment appealed is accordingly affirmed. CARROLL, DONALD K., C. J., and RAWLS, J., concur. . Hammac v. Windham (Fla.App.1960), 119 So. 2d 822; cert. den. (Fla.1980), 122 So. 2d 408. . Kautzmann v. James (Fla.1953), 66 So. 2d 36. .Bricklayers etc. Union et al. v. Acme Title and Terrazzo Company (Fla.App.1959), 112 So. 2d 43. .“Involuntary Dismissal; Effect Thereof. For failure of the plaintiff to comply ■with any order of co…