CARMEN RITA PEREZ PELLERANO
v.
LUIS ALVAREZ RENTA
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.
Summary judgment is properly entered when the moving party satisfies its burden to show entitlement to judgment as a matter of law and the nonmoving party fails to come forward with an affidavit or other proof demonstrating a genuine dispute of material fact.
[1] Under Florida Rule of Civil Procedure 1.510, the moving party for summary judgment bears the initial burden to identify each claim or defense on which summary judgment is…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the newly amended rule, summary judgment is appropriate when 'the evidence is such that a reasonable jury could not return a verdict for the nonmoving party.'”
Court explaining the standard for summary judgment under amended Florida Rule of Civil Procedure 1.510
Plaintiffs Luis Alvarez Renta and Ines Maria Alvarez Perez brought a quiet title action against defendants Carmen Rita Perez Pellerano and 3511 Alhamb…
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.
Explore caselaw by topic → Browse Burden Of Proof In Summary Judgment cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed November 8, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-2150 Lower Tribunal No. 18-21333
________________
Carmen Rita Perez Pellerano, et al.,
Appellants,
vs.
Luis Alvarez Renta, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Gina Beovides, Judge. Vazquez & Associates, and Steven B. Herzberg, for appellants. Karen B. Parker, P.A., and Karen B. Parker, for appellees. Before EMAS, GORDO and BOKOR, JJ. EMAS, J.
Appellants, Carmen Rita Perez Pellerano and 3511 Alhambra, LLC (the defendants below), appeal the trial court’s amended final summary judgment entered in favor of Luis Alvarez Renta and Ines Maria Alvarez
Perez (the plaintiffs below) on plaintiffs’ quiet title action on property located in Coral Gables.
Upon our de novo review, Volusia Cty. v. Aberdeen at Ormond Beach,
L.P., 760 So. 2d 126, 130 (Fla. 2000), plaintiffs, as the movants seeking summary judgment on their claim, met their burden to “show[] that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law,” see Fla. R. Civ. P. 1.510(a),1 and appellants thereafter failed to meet their corresponding burden to come forward with an affidavit or other proof to show the existence of a genuine dispute as to a material fact, see Fla. R. Civ. P. 1.510(c)-(e). We therefore hold that the trial court properly entered final summary judgment, and affirm. See Romero v.
Midland Funding, LLC, 358 So. 3d 806, 808 (Fla. 3d DCA 2023) (“Under the newly amended rule, summary judgment is appropriate when ‘the evidence
is such that a reasonable jury could not return a verdict for the nonmoving party.’ In re Amends. to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 75 (Fla. 2021) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505,
91 L.Ed.2d 202 (1986)). When seeking summary judgment, the moving party must identify ‘each claim or defense—for the part of each claim or defense—
on which summary judgment is sought.’ Fla. R. Civ. P. 1.510(a). Once the party moving for summary judgment satisfies this initial burden, the burden then shifts to the nonmoving party to come forward with evidence demonstrating that a genuine dispute of material fact exists. See Celotex
Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (noting that the nonmoving party must ‘go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial’) (quoting Fed. R. Civ. P. 56))”); Mane FL Corp. v. Beckham,
355 So. 3d 418, 425 (Fla. 4th DCA 2023) (“The ‘mere existence of a scintilla of evidence’ is not sufficient to defeat summary judgment.”) (quoting Liberty
Lobby, 477 U.S. at 252). See also Ibarra v. Ross Dress for Less, Inc., 350
So. 3d 465, 467-68 (Fla. 3d DCA 2022) (“Under the new summary judgment rule, ‘[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.’”) (quoting Scott v. Harris, 550 U.S. 372,
380 (2007)); Garbark v. Gayle, 312 So. 3d 1286, 1288-89 (Fla.1st DCA 2021) (distinguishing acceptable “self-serving” affidavits based on personal knowledge from those framed solely in terms of conclusions of law).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cole v. Plantation Palms Homeownwers Ass'n, Inc., 371 So. 3d 413 (Fla. 2d DCA 2023)…" "Once the party moving for summary judgment satisfies this initial burden, the burden then shifts to the nonmoving party to come forward with evidence demonstrating that a genuine dispute of material fact exists." Romero v. Midland Funding, LLC, 358 So. 3d 806, 808 (Fla. 3d DCA 2023) (citing Celotex, 477 U.S. at 324). In the case at bar, however, the Homeowners did proffer evidence of causation, including their personal observations, the timing of the damage to their homes and, most pertinent, the Saxena…
-
Claudio Navarro v. Borges, 388 So. 3d 1044 (Fla. 3d DCA 2024)
-
Pellerano v. Renta, 358 So. 3d 806 (Fla. 3d DCA 2023)…it or other proof to show the existence of a genuine dispute as to a material fact, see Fla. R. Civ. P. 1.510(c)-(e). We therefore hold that the trial court properly entered final summary judgment, and affirm. See Romero v. Midland Funding, LLC, 358 So. 3d 806, 808 (Fla. 3d DCA 2023) (“Under the newly amended rule, summary judgment is appropriate when ‘the evidence 1 Because the trial court adjudicated this motion after May 1, 2021, the recently-adopted summary judgment rule 1.510 applied. See In re Am…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986)
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007)
- In re Amendments to Fla. Rule of Civil Procedure 1.510, 317 So. 3d 72 (Fla. 2021)
- Martinez v. City of Miami, 49 Fla. L. Weekly D2385 (Fla. 3d DCA 2025)
- Pellerano v. Renta, 358 So. 3d 806 (Fla. 3d DCA 2023)
- Cheri Garbark v. Gayle, 46 Fla. L. Weekly S6 (Fla. 1st DCA 2021)