JAMES FLAHERTY
v.
PATRICK FLAHERTY

Fla. 3d DCA | 2025-03-26
No. 3D2024-0517
389 So. 3d 705 2025 FL 2529 Florida District Court of Appeal, Third District (2025) Negative Treatment
Also reported at: 389 So. 3d 584
Cited by 18 cases

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Holding

Summary judgment was properly entered because the nonmoving party failed to come forward with evidentiary material demonstrating a genuine issue of fact as to an element necessary for prevailing at trial.


Headnotes

[1] The nonmoving party in a summary judgment motion must come forward with evidentiary material demonstrating a genuine issue of fact as to an element necessary for the nonm…

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Facts & Procedural History

James Flaherty appealed a summary judgment decision from the Circuit Court for Miami-Dade County in a civil action against Patrick Flaherty and others…

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Opinion of the Court

PER CURIAM.

Affirmed. See Fision Corp. v. Frueh, 369 So. 3d 1211, 1216 (Fla. 2d DCA 2023) (noting that “[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment” (quotation omitted)); Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022) (“Specifically, it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial.”); see also Johnson v. Wal-Mart Stores E., LP, 389 So. 3d 705, 713 n.4 (Fla. 5th DCA 2024) (noting appellate court has “no authority to search the record or briefs for new facts and reformulate a party’s argument on their behalf”); Boksa v. Hogan, 389 So. 3d 584, 585 (Fla. 3d DCA 2023) (dismissing appeal in part for failure to comply with rule 9. 210(b)).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (16 total)

  • Ross v. Citizens Prop. Ins. Corp., 366 So. 3d 1130 (Fla. 3d DCA 2024)
  • Flaherty v. Flaherty, 389 So. 3d 705 (Fla. 3d DCA 2025)
    …y, it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial.”); see also Johnson v. Wal-Mart Stores E., LP, 389 So. 3d 705, 713 n.4 (Fla. 5th DCA 2024) (noting appellate court has “no authority to search the record or briefs for new facts and reformulate a party’s argument on their behalf”); Boksa v. Hogan, 389 So. 3d 584, 585 (Fla. 3d DCA 2023) (dismissing appeal in pa…
    1 / 2
  • Burley v. The Vill. S., Inc. (Fla. 3d DCA 2025)

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Authorities Cited

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