HOLLAND PAVING CO., INC., A FLORIDA CORPORATION, PETITIONER,
v.
JAMES A. DANN, INDIVIDUALLY, AND JAMES A. DANN AS THE ADMINISTRATOR OF THE ESTATE OF JAMES ARTHUR DANN, JR., DECEASED, RESPONDENT
By petition for a writ of certiorari we are requested to review a decision of a District Court of Appeal, which allegedly conflicts with prior decisions of this court.
Our initial examination of the petition and record suggested a possible jurisdictional conflict. We issued the writ and have heard arguments on' both jurisdiction and merits.
After a thorough consideration of the petition and record we are now led to conclude that no jurisdictional conflict of decisions is present. Finding, therefore, that the writ was improvidently issued, it is hereby discharged
It is so ordered.
DREW, C. J., and ROBERTS, CALDWELL and ERVIN, JJ., and WILLIS, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)…etent evidence to support his motion, the opposing party must come forward with counter-evidence sufficient to reveal a genuine issue. It is not enough for the opposing party merely to assert that an issue does exist. Harvey Building, Inc. v. Haley, 175 So. 2d 780 (Fla.1965); Farrey v. Bettendorf, 96 So. 2d 889 (Fla.1957); see Fla.R.Civ.P. 1.510. Concomitantly, the party seeking to escape the statute of limitations must bear the burden of proving circumstances that would toll the statute. Armstrong v. Wilcox,…
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Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)…tiff at the trial. The plaintiff may prevail on the basis of a mere preponderance of the evidence. However, the party moving for summary judgment must show conclusively that no material issues remain for trial. Harvey Bldg., Inc. v. Haley, Fla.1965, 175 So. 2d 780. As we have said, the same erroneous view concerning the burden of the party opposing a motion for summary judgment also seemed to infect the district court’s affirmance of the striking of Dr. Graubard’s affidavit herein. Said the court, at p. 136…
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Justa Patricia Delgado v. Laundromax, Inc., 65 So. 3d 1087 (Fla. 3d DCA 2011)…record evidence presented to the trial court shows there is no genuine dispute regarding the material facts. Fla. R. Civ. P. 1.510(c). We view the facts in the light most favorable to Delgado, the non-moving party below. Harvey Bldg., Inc. v. Haley, 175 So. 2d 780, 782 (Fla.1965). Although negligence cases are not ordinarily subject to disposal on summary judgment, there is no rule under Florida law exempting negligence cases from disposition by summary judgment. See, e.g., Farrey v. Bettendorf, 96 So. 2d 88…
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