Schneider v. City of Jacksonville, No. 1D05-2104.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Per Curiam |
| Citation | 933 So.2d 601 |
| Docket Number | No. 1D05-2104. |
| Decision Date | 22 June 2006 |
| Parties | Michael N. SCHNEIDER, as Personal Representative of the Estate of James Darrell Mabe, Appellant, v. CITY OF JACKSONVILLE, Appellee. |
v.
CITY OF JACKSONVILLE, Appellee.
Page 602
Barbara A. Heyer of Heyer & Associates, P.A., Fort Lauderdale, for Appellant.
Richard A. Mullaney, General Counsel, Scott D. Makar, Chief, Appellate Division, and Jon R. Phillips, Assistant General Counsel, Office of General Counsel, Jacksonville, for Appellee.
PER CURIAM.
Appellant seeks review of a summary final judgment entered against him, as personal representative of the estate of James Darrell Mabe, in his action seeking damages resulting from the death of Mabe which was caused by allegedly tortious conduct by Detective Larry Branch of the Jacksonville Sheriff's Office. Having carefully reviewed the record, we conclude that appellee failed to carry its burden of demonstrating conclusively either the absence of any genuine issue as to any material fact or entitlement to judgment as a matter of law. Accordingly, we reverse.
As the courts of this state have said many times, the law regarding summary judgment is well-established:
[A] party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought. . . . A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law. . . .
If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.
Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985) (citations omitted). Succinctly put, "[w]hen acting upon a motion for summary judgment, if the record raises the slightest doubt that material issues could be present, that doubt must be resolved against the movant and the motion for summary judgment must be denied." Jones v. Directors Guild of Am., Inc., 584 So.2d 1057, 1059 (Fla. 1st DCA 1991) (citations omitted).
In this case, it appears that the trial court failed to heed this well-established law and, in addition, relied in part on deposition testimony that was not based on personal knowledge and would not be admissible in evidence at trial....
To continue reading
Request your trial
-
Thomas v. Eckerd Drugs, No. 1D07-5905.
...60-61, 2008 WL 2695138, at *1 (Fla. 1st DCA 2008); Aberdeen at Ormond Beach, L.P., 760 So.2d at 130; Schneider v. City of Jacksonville, 933 So.2d 601, 602 (Fla. 1st DCA "As a general rule, piecemeal litigation of mature claims is no more permissible in workers' compensation cases than in ci......
-
Townes v. Nat'l Deaf Acad., LLC, Case No. 5D14-904
...to prove the issues, it should be submitted to the jury as a question of fact to be determined by it." Schneider v. City of Jacksonville, 933 So. 2d 601, 602 (Fla. 1st DCA 2006) (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985)).DISPUTED ISSUES OF MATERIAL FACT AS TO COUNTS I AND II......
-
Townes v. Nat'l Deaf Acad., LLC, Case No. 5D14-904
...to prove the issues, it should be submitted to the jury as a question of fact to be determined by it." Schneider v. City of Jacksonville, 933 So. 2d 601, 602 (Fla. 1st DCA 2006) (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985)).DISPUTED ISSUES OF MATERIAL FACT AS TO COUNTS I AND II......
-
Smith v. Time Customer Servs. & Travelers, No. 1D12–2398.
...it should be submitted to the trier of fact. See Aberdeen at Ormond Beach, L.P., 760 So.2d at 130;Schneider v. City of Jacksonville, 933 So.2d 601, 602 (Fla. 1st DCA 2006). This court has explained that summary final orders are permitted where res judicata bars the claim: Florida Administra......
-
Townes v. Nat'l Deaf Acad., LLC, Case No. 5D14-904
...to prove the issues, it should be submitted to the jury as a question of fact to be determined by it." Schneider v. City of Jacksonville, 933 So. 2d 601, 602 (Fla. 1st DCA 2006) (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985)).DISPUTED ISSUES OF MATERIAL FACT AS TO COUNTS I AND II......
-
Townes v. Nat'l Deaf Acad., LLC, Case No. 5D14-904
...to prove the issues, it should be submitted to the jury as a question of fact to be determined by it." Schneider v. City of Jacksonville, 933 So. 2d 601, 602 (Fla. 1st DCA 2006) (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985)).DISPUTED ISSUES OF MATERIAL FACT AS TO COUNTS I AND II......
-
Thomas v. Eckerd Drugs, 1D07-5905.
...60-61, 2008 WL 2695138, at *1 (Fla. 1st DCA 2008); Aberdeen at Ormond Beach, L.P., 760 So.2d at 130; Schneider v. City of Jacksonville, 933 So.2d 601, 602 (Fla. 1st DCA "As a general rule, piecemeal litigation of mature claims is no more permissible in workers' compensation cases than in ci......
-
Smith v. Time Customer Servs. & Travelers, 1D12–2398.
...it should be submitted to the trier of fact. See Aberdeen at Ormond Beach, L.P., 760 So.2d at 130;Schneider v. City of Jacksonville, 933 So.2d 601, 602 (Fla. 1st DCA 2006). This court has explained that summary final orders are permitted where res judicata bars the claim: Florida Administra......