Legal Opinion

Raul Distributors, Inc. v. Fast Air Carrier, Ltd.

District Court of Appeal of Florida

Decided May 29, 1984No. 84-80PublishedCited by 3 opinions

1Opinion of the Court

BASKIN, Judge.

Raul Distributors, Inc. (Raul) appeals the entry of final summary judgment in favor of Fast Air Carrier, Ltd. We reverse.

It is axiomatic that summary judgment is inappropriate where the record reflects the existence of conflicting issues of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Levey 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).…

2Cases cited2 opinions

  1. Levey v. GetelmanDistrict Court of Appeal of Florida · 1981
  2. Stringfellow v. State Farm Fire & Casualty Co.District Court of Appeal of Florida · 1974

3Cited by3 opinions

  1. AVVA-BC, LLC v. AmielDistrict Court of Appeal of Florida · 2009
  2. Avera v. Provident Security Life Insurance Co.District Court of Appeal of Florida · 1987
  3. Greater Miami Marine Ass'n v. Positive Results, Inc.District Court of Appeal of Florida · 1993

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API