OLIVA'S HOME CORP.
v.
DECO TRUSS CO., INC.

Fla. 3d DCA | 2024-05-01
No. 2023-0642
2024 FL 4895 Florida District Court of Appeal, Third District (2024) Positive Treatment

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Synopsis

Oliva's Home Corp. appeals a trial court's grant of final summary judgment in favor of Deco Truss Co., Inc. on claims of negligent misrepresentation and FDUTPA violations. The Third District Court of Appeal affirmed the summary judgment, finding the evidence presented by Oliva's was merely colorable and insufficient to create a genuine issue of material fact for trial.


Holding

The court affirmed summary judgment, holding that the evidence presented by Oliva's was insufficient to create a genuine issue of material fact, as it was merely colorable and not significantly probative to support a jury finding in Oliva's favor.


Headnotes

[1] Summary judgment is proper when the nonmovant's evidence is merely colorable or not significantly probative, and a scintilla of evidence is insufficient to defeat summary…

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Key Quotes

“If the evidence [presented by the nonmovant] is merely colorable, or is not significantly probative, summary judgment may be granted.”

Establishes the legal standard for granting summary judgment based on the quality of evidence presented by the non-moving party.

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Facts & Procedural History

Oliva's Home Corp. filed a two-count complaint against Deco Truss Co., Inc. alleging negligent misrepresentation and violation of Florida's Deceptive …

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Opinion of the Court

Opinion filed May1, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0642 Lower Tribunal No. 21-17934

________________

Oliva's Home Corp.,

Appellant,

vs.

Deco Truss Co., Inc.,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Lewis Brisbois Bisgaard & Smith, LLP, and Jeffrey R. Geldens and Janice Lopez, for appellant. Delgado Vega, PLLC, and Daniel R. Vega and Alyssa N. Delgado, for appellee. Before EMAS, SCALES and BOKOR, JJ. PER CURIAM.

Oliva’s Home Corp. (“Oliva’s”), the plaintiff below, appeals an order

granting final summary judgment1 in favor of Deco Truss Co., the defendant

below. Upon our de novo review, Volusia Cnty. v. Aberdeen at Ormond

Beach, L.P., 760 So. 2d 126 (Fla. 2000), we find no error in the trial court’s

entry of final summary judgment. See Citizens Prop. Ins. Corp. v. Zamanillo,

49 Fla. L. Weekly D192, 2024 WL 172611 at *2 (Fla. 3d DCA Jan. 17, 2024)

(“If the evidence [presented by the nonmovant] is merely colorable, or is not

significantly probative, summary judgment may be granted.”) (quoting In re

Amends. to Fla. Rule of Civ. Proc. 1.510, 309 So. 3d 192, 193 (Fla. 2020)

(additional quotation omitted); see also Anderson v. Liberty Lobby, Inc., 477

U.S. 242, 252 (1986)). (“The mere existence of a scintilla of evidence in

support of the plaintiff's position will be insufficient; there must be evidence

on which the jury could reasonably find for the plaintiff.”)

Affirmed.

Footnotes
1 Oliva’s filed a two-count complaint, alleging negligent misrepresentation and violation of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), see section 501.201 et. seq., Florida Statutes (2021). On appeal, Oliva’s does not challenge the entry of final summary judgment on the FDUTPA claim.

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