Legal Opinion

Butler ex rel. Butler v. Small Fry, Inc.

District Court of Appeal of Florida

Decided December 8, 1992No. 92-211PublishedCited by 1 opinion

1Per curiam

The plaintiff, Tameka L. Butler, appeals from a final summary judgment entered in favor of the defendant, Small Fry, Inc., in this action for negligent supervision. We reverse and remand for further proceedings.

Summary judgments should be cautiously granted in negligence and malpractice suits. Giallanza v. Sands, 316 So.2d 77 (Fla. 4th DCA1975). The law is well settled in Florida that a party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and that the court must draw every possible inference in favor of the party against whom a summary…

2Cases cited4 opinions

  1. Moore v. MorrisSupreme Court of Florida · 1985
  2. Wills v. Sears, Roebuck & Co.Supreme Court of Florida · 1977
  3. Shaffran v. HolnessSupreme Court of Florida · 1957
  4. Giallanza v. SandsDistrict Court of Appeal of Florida · 1975

3Cited by1 opinion

  1. Tornroos v. Denny's, Inc.District Court of Appeal of Florida · 1996

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