TAMIAMI BUILDERS, INC., AND COMMERCIAL UNION INSURANCE COMPANY, APPELLANTS,
v.
LOUIS P. SMITH AND THE LUMBERMENS MUTUAL INSURANCE COMPANY, APPELLEES
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The court held that the plaintiff failed to conclusively demonstrate the absence of genuine issues of material fact, thus summary judgment was improperly granted.
Plaintiff sued Tamiami Builders for negligence in a subrogation claim. The trial court granted summary judgment for the plaintiff. Tamiami Builders de…
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McNULTY, Chief Judge.
In this subrogation claim, predicated on Tamiami Builders alleged negligence, an appeal is taken from a final judgment granting plaintiff/appellees’ motion for summary judgment. We reverse.
An examination of the pleadings in this case shows that both appellants denied the portions of appellees’ complaint alleging negligence. A denial was also patent from Tamiami’s response to plaintiffs’ request for admissions.
The only other relevant document filed by plaintiffs in support of the summary judgment was a deposition. The portion of the deposition relating to defendant’s negligence is short, sketchy, speculative and inconclusive. It simply cannot be said that plaintiffs have, at this time, met their burden “. . . of showing conclusively that genuine issues of material fact do not exist.”1
Accordingly, the order granting summary judgment is reversed and the case is remanded for further proceedings not inconsistent herewith.
BOARDMAN and GRIMES, JJ., concur. . Holl v. Talcott (Fla.1966), 191 So. 2d 40, 47.
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Brooks v. Bolanos, 357 So. 2d 225 (Fla. 2d DCA 1978)…ellee Bolanos. We reverse. It cannot be said that appellees met their “. . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So. 2d 40, 47 (Fla.1966). See also Tamiami Builders, Inc. v. Smith, 305 So. 2d 58 (Fla.2d DCA 1974). On the contrary, the record herein reveals the presence of issues of material fact regarding the negligence of the respective parties sufficient to preclude the entry of partial summary judgment for appellees. Accordingly, the or…
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Jones v. Auburn Mach. Works Co., Inc., 353 So. 2d 917 (Fla. 2d DCA 1977)…ion of proximate cause. It thus cannot be said that appellee, as movant, met its “. . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So. 2d 40, 47 (Fla.1966); Tamiami Builders, Inc. v. Smith, 305 So. 2d 58 (Fla.2d DCA 1974). The order granting summary judgment is therefore reversed and the cause is remand [*920] ed for further proceedings not inconsistent herewith. BOARDMAN/C. J., and SCHEB, J., concur. . The amended complaint also named Connell, J…
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The City OF Clearwater v. Field Constr. Assocs., Inc., 350 So. 2d 845 (Fla. 2d DCA 1977)…e which was later changed. We reverse. It cannot be said that appellee met its “ . . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So. 2d 40, 47 (Fla.1966); Tamiami Builders, Inc. v. Smith, 305 So. 2d 58 (Fla. 2d DCA 1974). On the contrary, the record reveals sufficient conflict on material facts as to preclude the entry of summary judgment for the appel-lee. The order granting summary judgment is therefore reversed and the case is remanded for fur…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)