RICHARD C. HOWE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RUTH HOWE, DECEASED, ET AL., APPELLANTS,
v.
SOUTH BROWARD HOSPITAL DISTRICT, A SPECIAL TAX DISTRICT OF THE STATE OF FLORIDA, D/B/A MEMORIAL HOSPITAL, ET AL., APPELLEES
RICHARD C. HOWE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RUTH HOWE, DECEASED, ET AL., APPELLANTS,
SOUTH BROWARD HOSPITAL DISTRICT, A SPECIAL TAX DISTRICT OF THE STATE OF FLORIDA, D/B/A MEMORIAL HOSPITAL, ET AL., APPELLEES
345 So. 2d 1079
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
[*1080] PER CURIAM.
This is an appeal from the entry of summary judgments against the plaintiffs in a medical malpractice case. We reverse.
The burden of proving the absence of a genuine issue of material fact is upon the moving party. Until it is determined that the movant has successfully met this burden, the opposing party is under no obligation to show that issues do remain. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). From our review of the record on appeal we conclude that appellees failed to meet this burden.
REVERSED AND REMANDED.
CROSS and ALDERMAN, JJ., and NE-WELL, EMERY J., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Howe v. S. Broward Hosp. Dist., 362 So. 2d 324 (Fla. 4th DCA 1978)…ejudicial. It also appears from the record that factual issues existed. The Summary Judgment below is reversed and the case remanded for further proceedings. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); and Howe v. South Broward Hospital District, 345 So. 2d 1079 (Fla. 4th DCA 1977). DOWNEY, C. J., BERANEK, J., and BAKER, JOSEPH P., Associate Judge, concur.…
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Wallace v. Strassel, 479 So. 2d 231 (Fla. 4th DCA 1985)…and that there is no material issue of fact. Mejiah v. Rodriguez, 342 So. 2d 1066 (Fla. 3d DCA 1977). Until this burden is met the opposing party is under no obligation to show that issues remain to be tried. Howe v. South Broward Hospital District, 345 So. 2d 1079 (Fla. 4th DCA 1977). Appellee did not meet his burden. At the summary judgment hearing the parties spent the majority of the hearing arguing whether the facts of this case were distinguishable from those in Jones v. Utica Mutual Insurance Company.…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)