Fini v. Glascoe, No. 4D05-4096.

CourtCourt of Appeal of Florida (US)
Writing for the CourtWarner
Citation936 So.2d 52
Docket NumberNo. 4D05-4096.
Decision Date02 August 2006
PartiesFrank Michael FINI, individually and as parent and next friend of Frank Michael Fini, Jr. and Adrianna Marie Fini, minors, Olivia Jean Fini, as his wife and parent and next friend of Frank Michael Fini, Jr., and Adrianna Marie Fini, minors, Frank Michael Fini, Jr., as minor, by and through his parents and next friend and Adrianna Fini, a minor, by and through her parents and next friend, Appellants, v. Stephen GLASCOE, Sawgrass Ford, Inc., a Florida corporation, GNU Industries, Inc., a Florida corporation and Wayne Akers Ford, Inc., a Florida corporation, Appellees.
936 So.2d 52
Frank Michael FINI, individually and as parent and next friend of Frank Michael Fini, Jr. and Adrianna Marie Fini, minors, Olivia Jean Fini, as his wife and parent and next friend of Frank Michael Fini, Jr., and Adrianna Marie Fini, minors, Frank Michael Fini, Jr., as minor, by and through his parents and next friend and Adrianna Fini, a minor, by and through her parents and next friend, Appellants,
v.
Stephen GLASCOE, Sawgrass Ford, Inc., a Florida corporation, GNU Industries, Inc., a Florida corporation and Wayne Akers Ford, Inc., a Florida corporation, Appellees.
No. 4D05-4096.
District Court of Appeal of Florida, Fourth District.
August 2, 2006.

Page 53

Marlene S. Reiss of Stephens, Lynn, Klein, Lacava, Hoffman & Puya, P.A., Miami, for appellants.

Barbra A. Stern of Law Office of Bohdan Neswiacheny, Fort Lauderdale, for appellee Wayne Akers Ford, Inc.

Thomas W. Paradise and Joseph R. Gibson of Vernis & Bowling of Broward, P.A., Fort Lauderdale, for appellees Sawgrass Ford, Inc. and Stephen Glascoe.

WARNER, J.


Appellants, Frank and Olivia Fini, appeal a final summary judgment entered in favor of Sawgrass Ford and its employee Stephen Glascoe in the Finis' negligence action which alleged negligence in the installation of a vehicle alarm system. The complaint alleged that the negligently installed alarm system created an acceleration problem in the Finis' vehicle, which caused the vehicle to crash and resulted in serious injuries to Frank Fini. The complaint also alleged claims for spoliation of evidence against the defendants. While the trial court correctly granted summary judgment on the first-party spoliation claims, it erred in granting summary judgment on the negligence claims, as there were material issues of fact remaining. Furthermore, the Finis may be entitled to a Valcin presumption of negligence if the defendants are found to have destroyed evidence.

The Finis brought suit against Glascoe, Sawgrass Ford, Wayne Akers Ford, and the manufacturer of the alarm system installed in their vehicle. The complaint alleges various causes of action against Glascoe and Sawgrass Ford, including claims for negligence and spoliation of evidence. The causes of action in the complaint against Wayne Akers Ford and the manufacturer of the alarm system are not relevant to this appeal.

The complaint filed by the Finis alleged a most unusual set of circumstances surrounding their acquisition of a Ford truck and the subsequent accident involving the truck. The Finis leased a new 2001 Ford F350 diesel truck from Sawgrass Ford. Stephen Glascoe, an employee of Sawgrass Ford, installed an alarm system for the vehicle. After the system was installed, the Finis began to experience problems with the vehicle. At random times when the alarm system was engaged, the horn would blow, the power windows would operate without input, and the lights of the car would flash without input. Occasionally the engine would accelerate while the transmission was in park or neutral. They attempted to have the system repaired by Sawgrass Ford, but the attempts to diagnose and repair the problem were without success.

A few months later, the turbocharger on the truck failed. At the suggestion of Glascoe, the Finis took the vehicle to Wayne Akers Ford for repair of the turbocharger. Later, Wayne Akers Ford returned the repaired truck to Mr. Fini, claiming that the engine acceleration problem was caused by the turbocharger failure and that it should no longer malfunction. Despite the reassurances from Wayne Akers, the system continued to occasionally malfunction in the same manner.

On August 29, 2001, as Mr. Fini was driving on the Florida Turnpike, his truck accelerated suddenly and uncontrollably. He lost control of the vehicle, which flipped and rolled several times before...

To continue reading

Request your trial
25 practice notes
  • In re Electric Machinery Enterprises, Inc., Bankruptcy No. 8:03-bk-11047-MGW.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 28 Agosto 2009
    ...presumption of negligence for the underlying tort" applies. Martino, 908 So.2d at 346 (emphasis in original); see also Fini v. Glascoe, 936 So.2d 52, 55 (Fla. 4th DCA In Golden Yachts, the Fourth District Court of Appeal, noting this language in Martino, opined that the lighter sanction of ......
  • In re Electric Machinery Enterprises, Inc., Case No. 8:03-bk-l 1047-MGW (Bankr.M.D.Fla. 8/28/2009), Case No. 8:03-bk-l 1047-MGW.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 28 Agosto 2009
    ...presumption of negligence for the underlying tort" applies. Martina, 908 So. 2d at 346 (emphasis in original); see also Fini v. Glascoe, 936 So. 2d 52, 55 (Fla. 4th DCA In Golden Yachts, the Fourth District Court of Appeal, noting this language in Martino, opined that the lighter sanction o......
  • Dennis v. Kline, Nos. 4D12–1881
    • United States
    • Court of Appeal of Florida (US)
    • 19 Junio 2013
    ...of an order granting summary judgment is de novo.’ ” Corya v. Sanders, 76 So.3d 31, 33 (Fla. 4th DCA 2011) (quoting Fini v. Glascoe, 936 So.2d 52, 54 (Fla. 4th DCA 2006)). “When reviewing a ruling on summary judgment, an appellate court must examine the record in the light most favorable to......
  • Jaffer v. Chase Home Fin., LLC, No. 4D13–1597.
    • United States
    • Court of Appeal of Florida (US)
    • 7 Enero 2015
    ...the non-moving party.” Allenby & Assocs., Inc. v. Crown St. Vincent Ltd., 8 So.3d 1211, 1213 (Fla. 4th DCA 2009) (quoting Fini v. Glascoe, 936 So.2d 52, 54 (Fla. 4th DCA 2006) ). “[T]he burden is upon the party moving for summary judgment to show conclusively the complete absence of any gen......
  • Request a trial to view additional results
25 cases
  • In re Electric Machinery Enterprises, Inc., Bankruptcy No. 8:03-bk-11047-MGW.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 28 Agosto 2009
    ...presumption of negligence for the underlying tort" applies. Martino, 908 So.2d at 346 (emphasis in original); see also Fini v. Glascoe, 936 So.2d 52, 55 (Fla. 4th DCA In Golden Yachts, the Fourth District Court of Appeal, noting this language in Martino, opined that the lighter sanction of ......
  • In re Electric Machinery Enterprises, Inc., Case No. 8:03-bk-l 1047-MGW (Bankr.M.D.Fla. 8/28/2009), Case No. 8:03-bk-l 1047-MGW.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • 28 Agosto 2009
    ...presumption of negligence for the underlying tort" applies. Martina, 908 So. 2d at 346 (emphasis in original); see also Fini v. Glascoe, 936 So. 2d 52, 55 (Fla. 4th DCA In Golden Yachts, the Fourth District Court of Appeal, noting this language in Martino, opined that the lighter sanction o......
  • Dennis v. Kline, Nos. 4D12–1881
    • United States
    • Court of Appeal of Florida (US)
    • 19 Junio 2013
    ...of an order granting summary judgment is de novo.’ ” Corya v. Sanders, 76 So.3d 31, 33 (Fla. 4th DCA 2011) (quoting Fini v. Glascoe, 936 So.2d 52, 54 (Fla. 4th DCA 2006)). “When reviewing a ruling on summary judgment, an appellate court must examine the record in the light most favorable to......
  • Jaffer v. Chase Home Fin., LLC, No. 4D13–1597.
    • United States
    • Court of Appeal of Florida (US)
    • 7 Enero 2015
    ...the non-moving party.” Allenby & Assocs., Inc. v. Crown St. Vincent Ltd., 8 So.3d 1211, 1213 (Fla. 4th DCA 2009) (quoting Fini v. Glascoe, 936 So.2d 52, 54 (Fla. 4th DCA 2006) ). “[T]he burden is upon the party moving for summary judgment to show conclusively the complete absence of any gen......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT