Legal Opinion

Elkins v. Barbella

District Court of Appeal of Florida

Decided September 9, 1992No. 91-1362PublishedCited by 6 opinions

1Per curiam

Once again we reverse a summary judgment because the moving party failed to disprove opposing affirmative defenses or establish that they were insufficient as a matter of law. See Haven Federal Savings & Loan Association v. Kirian, 579 So.2d 730 (Fla.1991); Martin v. Lacertosa, 545 So.2d 526 (Fla. 4th DCA 1989); Lunken v. Glatter, 451 So.2d 970 (Fla. 4th DCA 1984); Allstate Insurance Co. v. Arvida Corp., 421 So.2d 741 (Fla. 4th DCA 1982); Esteban v. Cordoba, 398 So.2d 481 (Fla. 4th DCA 1981); and Bunner v. Florida Coast Bank of Coral Springs, 390 So.2d 126 (Fla. 4th DCA 1980).

Here, Barbella…

2Cases cited7 opinions

  1. The Race, Inc. v. LAKE & RIVER REC. PROPS., INC.District Court of Appeal of Florida · 1991
  2. Allstate Ins. Co. v. Arvida Corp.District Court of Appeal of Florida · 1982
  3. Bunner v. Florida Coast BankDistrict Court of Appeal of Florida · 1980
  4. Pandol Bros., Inc. v. NCNB NAT. BANK OF FLA.District Court of Appeal of Florida · 1984
  5. Esteban v. CordobaDistrict Court of Appeal of Florida · 1981

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Stop & Shoppe Mart, Inc. v. MehdiDistrict Court of Appeal of Florida · 2003
  2. Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLCDistrict Court of Appeal of Florida · 2017
  3. Pile v. Geltex Trading Corp.District Court of Appeal of Florida · 1993
  4. Bassvale Inc., N.V. v. Life Insurance Co. of VirginiaDistrict Court of Appeal of Florida · 1993
  5. Genuinely Loving Childcare v. Bre MarinerDistrict Court of Appeal of Florida · 2017

1 more not listed; retrieve them via the Exa API.

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