Cardet v. Rodriguez

“On a motion for summary judgment, it is settled that a trial court is not permitted to weigh material conflicting evidence or pass upon the credibility of the witnesses.” Pita v. State Street Bank and Trust Co., 666 So.2d 268 (Fla. 3d DCA 1996). Because the order under review rests on credibility determinations, we reverse the final summary judgment entered and remand this ease for further proceedings.

Reversed and remanded.