PARADA HOLDING CO., A FLORIDA CORPORATION, APPELLANT,
v.
L. J. CUSHMAN, APPELLEE
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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.
No, the trial court did not commit reversible error in its application of the law to the undisputed facts.
“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.
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Join FLexlaw to unlock all legal intelligenceParada Holding Co. (plaintiff) and L. J. Cushman (defendant) both moved for summary judgment in the trial court. Both parties agreed that there were n…
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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.
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- Tampa Transit Lines, Inc. v. Delfina Rodriguez and Sam Rodriguez, 100 So. 2d 676 (Fla. 2d DCA 1958)
- Goodman v. Strassburg, 139 So. 2d 163 (Fla. 3d DCA 1962)