SANDRA MARGARET CLARK, AN INFANT, BY HER PARENTS, DONALD E. CLARK AND MARGARET CLARK, AND DONALD E. CLARK, INDIVIDUALLY, APPELLANTS,
v.
JOSEPH T. VAN DE WALLE ET AL., APPELLEES
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[*361] PER CURIAM.
In this negligence case, the trial court granted a summary judgment for appellees/defendants. We reverse.
A summary judgment should be cautiously granted in negligence cases and the burden is on the moving party to conclusively demonstrate that there are no genuine issues of material fact. Holt v. Talcott, Fla.1966, 191 So. 2d 40. All reasonable inferences must be resolved against the movant. Booth v. Mary Carter Paint Co., Fla.App.2d 1966, 182 So. 2d 292. Upon review of the record, considering the evidence in the light most favorable to appellants, we find that appellees failed to prove the absence of genuine issues as to any material fact Accordingly, the judgment for appellees is reversed and this cause is remanded for further proceedings.
McNULTY, C. J., and GRIMES and SCHEB, JJ., concur.
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Burland v. Hasam Realty, 344 So. 2d 880 (Fla. 4th DCA 1977)…anting a Summary Judgment for the Appellee because genuine issues of fact remain to be resolved by a trier of the facts. Cook v. Martin, 330 So. 2d 498 (Fla. 4th DCA 1976); Topercer v. Knox, 330 So. 2d 520 (Fla. 4th DCA 1976); Clark v. Van De Walle, 332 So. 2d 360 (Fla. 2d DCA 1976). REVERSED and REMANDED. MAGER, C. J., and WEAVER, SIDNEY M., Associate Judge, concur.…
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Gulf Power Co. v. COX Cable Corp., 570 So. 2d 379 (Fla. 1st DCA 1990)…), and TriCity Used Cars, Inc. v. Grim, 566 So. 2d 922 (Fla. 1st DCA, 1990). The burden is upon the moving party to conclusively demonstrate that there are no genuine issues of material fact existing at the time of the motion. Clark v. Van de Walle, 332 So. 2d 360 (Fla. 2nd DCA 1976). In determining whether to grant a summary judgment, the court should not only consider the pleadings but also must examine the pertinent discovery as well as any affidavits on file. Rule 1.510(c), Fla.R.Civ.P. All inferences rea…
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Albertina Dettloff and Administrator of the Estate of Raymond Edward Dettloff v. Abraham Chevrolet, Inc., 534 So. 2d 745 (Fla. 2d DCA 1988)…mary judgment procedures with special caution in negligence actions. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). The burden is upon the moving party to conclusively demonstrate that there are no genuine issues of material fact. Clark v. Van De Walle, 332 So. 2d 360 (Fla. 2d DCA 1976); Smith v. Avis Rent-A-Car System, Inc., 297 So. 2d 841 (Fla. 2d DCA 1974). The movant’s burden is substantial, and summary judgment is improper “[i]f the record reflects the existence of any genuine issue of material fact, or the…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Rivers v. Ross, 182 So. 2d 292 (Fla. 3d DCA 1966)