Ross v. Sam's Wood Shed Pub, Inc.

I dissent in this case because I think there were material conflicting factual issues in the record which made the entry of a summary judgment improper. Gordon v. Hotel Seville, 105 So.2d 175 (Fla. 3d DCA 1958). It is well established that a court, faced with a motion for summary judgment, should accept the facts in a light most favorable to the party against whom the motion is made, resolve all conflicts in that party’s favor and derive all reasonable inferences therefrom. Doll v. Robbins, 303 So.2d 338 (Fla.3d DCA 1974); Wills v. Sears Roebuck & Co., 351 So.2d 29 (Fla.1977); Brigbtwell v.…