LSN PROPERTIES, LLC
v.
MATIAS OTERO
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A party opposing summary judgment must present specific record evidence of genuine disputed material facts and cannot rely on metaphysical doubt.
[1] A party opposing summary judgment must point to specific portions of the trial record establishing the existence of genuine disputes of material fact; conclusory allegati…
[2] To be preserved for appellate review, a legal issue must be presented to the trial court with the specific legal argument or ground to be raised on appeal as part of that…
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Join FLexlaw to unlock all legal intelligence“In opposing summary judgment, the non-movant 'must do more than simply show that there is some metaphysical doubt as to the material facts.'”
Standard for opposing summary judgment motions
LSN Properties, LLC appealed a trial court decision in Miami-Dade County. The case involved a summary judgment motion where the non-movant allegedly f…
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PER CURIAM.
Affirmed. LaCourse v. Def. Support Services LLC, No. 3:16CV170-RV/HTC, 2019 WL 8165261, at *2 (N.D. Fla. Aug. 29, 2019) (“In opposing summary judgment, the non-movant ‘must do more than simply show that there is some metaphysical doubt as to the material facts.’” (quoting Transcon. Gas Pipe Line Co., LLC v. 6.04 Acres, More or Less, Over Parcel(s) of Land of Approximately 1.21 Acres, More or Less, Situated in Land Lot 1049, 910 F. 3d 1130, 1154 (11th Cir. 2018))); Id. at *3 (“[A] party opposing summary judgment must point to specific portions in the record where evidence of a genuine disputed issue of fact can be found.”);
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”); Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 325 (Fla. 1st DCA 2011) (“‘In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.’” (quoting Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)
- Transcon. GAS Pipe Line Co., LLC v. 6.04 Acres, 910 F.3d 1130 (11th Cir. 2018)
- Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321 (Fla. 1st DCA 2011)