RACHEL S. RIVERS, APPELLANT,

v.

ROY ROSS AND GEORGE SILVER, APPELLEES

Citator

Cited By (49 total)

• Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995)
  …It is also well settled that a motion for summary judgment is not a substitute for a trial on the merits. Hence, a trial court is precluded from resolving disputed issues of fact when considering such a motion. E.g., Booth v. Mary Carter Paint Co., 182 So. 2d 292 (Fla. 2d DCA 1966). Thus, when a defendant moves for summary judgment, neither the trial court nor this corat determines whether the plaintiff can prove the cause of action alleged. The function of the court is solely to determine whether the approp…
• McCABE v. Watson, 225 So. 2d 346 (Fla. 3d DCA 1969)
  …oncoming car. The Supreme Court reversed the trial court’s entry of a directed verdict, requiring it to submit to the jury all issues of negligence, contributory negligence, and proximate cause. In Booth v. Mary Carter Paint Company, Fla.App.1966, 182 So. 2d 292, plaintiff sought wrongful death recovery when his wife crashed into the rear of one of the defendant’s trucks which was stopped on a highway while its driver conversed with the driver of another stopped truck which was located on the opposite side…
• Reddick v. State, 190 So. 2d 340 (Fla. 2d DCA 1966)
  …d in Ex parte Amos, Ela.1927, 112 So. 289, text 294, that general statements of law in an opinion must he “confined to and limited by the facts of the ease under consideration” should be heeded. See also Booth v. Mary Carter Paint Company, Fla.1966, 182 So. 2d 292, text 301-302. . The language of Rule 1. . Provided always, of course, that he has standing otherwise to invoke the relief. . We use the term “trial” in its broad and comprehensive sense, meaning a “judicial examination of the issues between the…

Authorities Cited

• Shaw v. Puleo, 159 So. 2d 641 (Fla. 1964)
• City OF Miami v. Smith, 165 So. 2d 748 (Fla. 1964)