MARY Q. STRINGFELLOW AND SALLY A. STRINGFELLOW, APPELLANTS,
v.
STATE FARM FIRE & CASUALTY COMPANY ET AL., APPELLEES

Fla. 2d DCA | 1974-06-05
No. 73-968
McNULTY, Acting C. J., and GRIMES, J., concur.
295 So. 2d 686 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 22 cases

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.

Synopsis

Stringfellow sued State Farm and the Davises for personal injuries from an automobile collision, but State Farm moved for summary judgment claiming it had no coverage. The trial court granted summary judgment based on State Farm's affidavit alone, but the appellate court reversed, holding that the plaintiffs' evidence created a genuine factual dispute requiring trial.


Holding

The court reversed the summary judgment, holding that the Davises' deposition created a genuine issue of material fact regarding whether State Farm's coverage had been effectively cancelled, and that the burden on the movant for summary judgment is to make a conclusive showing that no factual dispute exists, with all inferences drawn against the movant.


Headnotes

[1] A party moving for summary judgment bears the burden of making a conclusive showing that no genuine issue of material fact exists.

[2] All inferences of fact from proofs proffered at a summary judgment hearing must be drawn against the movant and in favor of the party opposing the motion.

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Key Quotes

“The burden is on the party moving for summary judgment to make a conclusive showing that there is no genuine issue of material fact, and all inferences of fact from proofs proffered at the hearing must be drawn against the movant and in favor of the party opposing the motion.”

Establishes the legal standard for summary judgment and places the burden on the movant to affirmatively disprove disputed facts

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Facts & Procedural History

On April 5, 1972, Mary Q. and Sally A. Stringfellow were injured in an automobile collision with Marcella E. and Douglas E. Davis. State Farm asserted…

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Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

The plaintiffs, Mary Q. Stringfellow and Sally A. Stringfellow, brought suit against Marcella E. Davis and Douglas E. Davis, and their insurance carrier, State Farm Fire & Casualty Company (hereafter State Farm) for personal injuries sustained in an automobile collision. State Farm denied coverage at the time of the accident and moved for a summary judgment. The motion for summary judgment was accompanied by an affidavit of Earl E. Tinney, Resident Claims Superintendent for State Farm for Pinellas County, Florida. The affiant stated:

That on or about April 5, 1972, the date of the accident referred to in plaintiffs’ amended complaint, State Farm Fire & Casualty Company did not insure Marcella E. Davis and Douglas E. Davis under any policy of liability insurance written by it.

At the hearing on the defendant’s motion, the plaintiffs presented the deposition of Douglas E. Davis, which said, inter alia, that the premium had been mailed the weekend before the accident and that a notice of cancellation for nonpayment of premium had not been received. The trial judge granted summary judgment for the defendant, State Farm, and this timely appeal followed. We reverse.

Summary judgment is a procedural device for disposition of actions in which there are no genuine issues as to any material fact and where the moving party is entitled to judgment as a matter of law.1 Rule 1.510(b), RCP, 31 F.S.A. authorizes a defendant to move for a sum mary judgment with or without supporting affidavits. If an affidavit is used the provisions of Rule 1.510(e) must be complied with.2

This court held in Producers Fertilizer Co. v. Holder, Fla.App.2d 1968, 208 So. 2d 492, that a statement in an affidavit can be considered in connection with a motion for summary judgment only if it would be admissible at trial. In Matarese v. Leesburg Elks Club, Fla.App.2d 1965, 171 So. 2d 606, 607, it was held that “ . a movant for a summary judgment who fails to come forward with enough proof to sustain his motion is not entitled to have it granted.” The Matarese case was cited with approval in the frequently cited case of Holl v. Talcott, Fla.1966, 191 So. 2d 40.

The order entered by the trial judge indicates that the appellant did not bring forth sufficient evidence to counter the affidavit filed by State Farm. It appears from this statement that the trial judge has misconceived the applicable law. The burden is on the party moving for summary judgment to make a conclusive showing that there is no genuine issue of material fact, and all inferences of fact from proofs proffered at the hearing must be drawn against the movant and in favor of the party opposing the motion. O’Grady v. Wickman, Fla.App. 4th, 1968, 213 So. 2d 321. The existence of material evidence was shown by the deposition presented by the appellant. Accordingly, the burden was that of the appellee to produce such evidence negating its effect of raising a factual issue.

Under the standards set forth above this cause must be reversed and remanded. The statement of no coverage, standing by itself, might appear to be admissible. Yet, in the context of the additional facts gleaned from the Davis deposition, it appears that this statement is more nearly a legal conclusion that State Farm had effectively cancelled the coverage. Additionally, the deposition of Douglas E. Davis suggests that if his policy of automobile insurance was canceled, such cancellation may have been ineffective.3 Accordingly, we conclude that the trial judge erred in granting the defendant’s motion for summary judgment. Our decision should not be construed as deciding the merits of the controversy.

Reversed and remanded.

McNULTY, Acting C. J., and GRIMES, J., concur. . Rule 1.510, RCP, Author’s Comment to 1967 Rules.

. “ . . . Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence and shall show affirmatively that the affiant is competent to testify to the matters stated therein. ...” Bule 1.510 (e), RCP. . Section 627.728(3) (a), Florida Statutes, F.S.A.


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Citator

Cited By (11 total)

  • First Mortg. Invs. v. Boulevard Nat'l Bank OF Miami, 327 So. 2d 830 (Fla. 3d DCA 1976)
    …, was not present. Williamson v. Clark, Fla.App. 1957, 98 So. 2d 813; Emile v. First National Bank of Miami, Fla.App.1961, 126 So. 2d 305; Jenkins v. Graham, Fla.App.1970, 237 So. 2d 330; Stringfellow v. State Farm Fire & Casualty Co., Fla.App.1974, 295 So. 2d 686; Holl v. Talcott, Ha. 1966, 191 So. 2d 40, Opinion on Rehearing, at 47-48. On motion for summary judgment, if the evidence raises any doubt on an issue of material fact, or is such as will permit different reasonable inferences bearing on the existe…
  • …. v. Melroe Mfg. Co., 261 So. 2d 191 (Fla. 1st DCA 1972). And, of course, all facts and inferences are to be resolved against the party seeking a summary judgment and in favor of the party opposing it. Stringfellow v. State Farm Fire & Casualty Co., 295 So. 2d 686 (Fla. 2d DCA 1974); Goodman v. Anthony, 269 So. 2d 756 (Fla. 3d DCA 1972); Lescrynski v. Middlebrook, 260 So. 2d 215 (Fla. 4th DCA 1972). Justice Sundberg, speaking for the majority in Wills v. Sears, Roebuck & Co., 351 So. 2d 29, 30 (Fla.1977), rec…
  • Raul Distribs., Inc. v. Fast AIR Carrier, Ltd., 450 So. 2d 598 (Fla. 3d DCA 1984)
    …y v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981). Additionally, the burden is on the party moving for summary judgment to prove the non-existence of any genuine issue of material fact. Holl v. Talcott; Stringfellow v. State Farm Fire & Casualty Co., 295 So. 2d 686 (Fla. 2d DCA 1974). The record under consideration discloses the existence of unresolved issues of material fact as to whether Raul acted as the shipper in the subject transaction and whether Fast Air received payment in full for carriage of the goo…

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