PARADA HOLDING CO., A FLORIDA CORPORATION, APPELLANT,
v.
L. J. CUSHMAN, APPELLEE

Fla. 3d DCA | 1962-07-31
No. 61-859
Before HORTON, BARKDULL and HENDRY, JJ.
143 So. 2d 539 Florida District Court of Appeal, Third District (1962)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida District Court of Appeal, Third District, affirmed a summary judgment, holding that the trial court did not err in its application of the law to undisputed facts. The appellate court found no reversible error after reviewing the record, briefs, and arguments.


Holding

No, the trial court did not commit reversible error in its application of the law to the undisputed facts.


Key Quotes

“Both parties moved for a summary judgment, representing that there were no material issues of fact to be decided, which authorized the trial court to conclude the matter on the record then before him.”

This quote establishes the procedural posture of the case and the basis for the trial court's authority to rule on the merits.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Parada Holding Co. (plaintiff) and L. J. Cushman (defendant) both moved for summary judgment in the trial court. Both parties agreed that there were n…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, plaintiff in the trial court, seeks review of an adverse summary judgment in a common law action.

*540Both parties moved for a summary judgment, representing that there were no material issues of fact to be decided, which authorized the trial court to conclude the matter on the record then before him. Goodman v. Strassburg, Fla.App.1962, 139 So.2d 163. The appellant, through its counsel, candidly admits that the only errors urged on the part of the trial court are in its application of the law to the undisputed facts.

An examination of the record on appeal, following review of the briefs and having heard argument of respective counsel, reveals that no reversible error has been made to appear and, therefore, the summary judgment is affirmed. Loos v. Scarfone, Fla.1950, 46 So.2d 395; Tampa Transit Lines v. Rodriguez, Fla.App.1958, 100 So.2d 676; 2 Fla.Jur., Appeals, § 316.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw