Raul Distributors, Inc. v. Fast Air Carrier, Ltd.
District Court of Appeal of Florida
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
- Levey v. GetelmanDistrict Court of Appeal of Florida · 1981
- Stringfellow v. State Farm Fire & Casualty Co.District Court of Appeal of Florida · 1974
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