R. DIANE BURLINGHAM, APPELLANT,
v.
PATRICIA GILMER ALLEN, ALSO KNOWN AS PATRICIA ANN GILMER, ET AL., APPELLEES
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.
Diane Burlingham appealed a summary judgment entered in favor of defendant Matthew L. Gold. The appellate court affirmed the summary judgment, finding that the record demonstrated no genuine issue of material fact and that the moving party was entitled to judgment as a matter of law.
The court held that the trial court properly entered the summary final judgment because the pleadings, depositions, and affidavits on file demonstrated that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law.
[1] A summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that ther…
[2] An appellate court will affirm a summary final judgment if the record demonstrates no issue as to any material fact at the time the motion was heard and judgment was ente…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“upon a motion for a summary judgment being properly and timely filed the judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
Establishes the legal standard for summary judgment under Florida Rule 1.510 RCP
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved a dispute between Burlingham (plaintiff) and defendants including Patricia Gilmer Allen and Matthew L. Gold. Defendant Gold moved fo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Summary Judgment Standard cases and more on FLexlaw
PER CURIAM.
Appellant, plaintiff in the trial court, now appeals from a summary final judgment entered in favor of the defendant Matthew L. Gold. Although other issues are raised, appellant’s primary point relates to the propriety of the entry of the final summary judgment. It is elementary that upon a motion for a summary judgment being properly and timely filed the judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Rule 1.510 RCP) The principles of law applicable to summary judgment have been heretofore thoroughly discussed by this Court (see Connell v. Sledge, Fla.App. 1st 1975, 306 So. 2d 194 and Forrest v. Carter, Fla.App. 1st 1975, 308 So. 2d 141) and nothing will be added to the jurisprudence of this State by again reciting those principles here. We have carefully examined the record on appeal and find that at the time the appel-lee’s motion for summary judgment was heard by the trial judge and at the time of the entry of the summary final judgment here appealed the pleadings, depositions, and affidavits then on file demonstrated that there was no issue as to any material fact. The learned trial judge was accordingly eminently correct in entering the summary final judgment. There is nothing in the record-on-appeal to reflect any motion to have that summary final judgment vacated or set aside.
The appellant having failed to demonstrate error, the summary final judgment here appealed is
Affirmed.
BOYER, C. J., and McCORD and MILLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Florus F. Norman v. Bank OF Hawthorne, 321 So. 2d 112 (Fla. 1st DCA 1975)…les of law applicable to summary judgment have been heretofore thoroughly discussed by this Court (Connell v. Sledge, Fla.App. 1st 1975, 306 So. 2d 194, Forrest v. Carter, Fla.App. 1st 1975, 308 So. 2d 141 and Burlingham v. Allen, Fla.App. 1st 1975, 317 So. 2d 781, opinion filed August 13, 1975) and nothing will be added to the juris [*113] prudence of this State by again reciting those principles here. We here express no view as to what the true facts are, as such is not our prerogative. Neither do we specu…
-
Perego v. Robinson, 344 So. 2d 316 (Fla. 1st DCA 1977)…ll be added to the jurisprudence of the State of Florida by repetition. (See Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975), cert. dism. 336 So. 2d 105 (Fla.1976); Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975) and Burlingham v. Allen, 317 So. 2d 781 (Fla. 1st DCA 1975). REVERSED. BOYER, C. J., and McCORD, J., concur. RAWLS, J., dissents.…
-
Fitzsimmons v. City OF Pensacola, 330 So. 2d 756 (Fla. 1st DCA 1976)…of law applicable to summary judgment have been heretofore thoroughly discussed by this Court (Connell v. Sledge, Fla.App. 1st, 1975, 306 So. 2d 194, Forrest v. Carter, Fla.App. 1st, 1975, 308 So. 2d 141 and Burlingham v. Allen, Fla.App. 1st, 1975, 317 So. 2d 781, opinion filed August 13, 1975) and nothing will be added to the jurispru [*757] dence of this State by again reciting those principles here.” See, also, Campbell v. Anheuser-Busch, Inc. and Nexbitt, Fla.App., 265 So. 2d 557. For the reasons stated…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)
- Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975)