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Davis v. Baez

208 So. 3d 747 (Fla. Dist. Ct. App. 2016)
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Davis v. Baez

6 Citing cases

  1. VME Grp. Int'l v. The Grand Condo. Ass'n

    347 So. 3d 461 (Fla. Dist. Ct. App. 2022)   Cited 2 times

    "[W]e must view the record and reasonable inferences therefrom in a light most favorable to the nonmoving party, and any doubt concerning the existence of a disputed issue of material fact must be resolved against the moving party." Davis v. Baez, 208 So. 3d 747, 750-51 (Fla. 3d DCA 2016). Further, "the decision to grant or deny a continuance is within the trial court's discretion and that decision will not be disturbed on appeal absent an abuse of discretion."

  2. Escadote I Corp. v. Ocean Three Condo. Ass'n

    307 So. 3d 938 (Fla. Dist. Ct. App. 2020)   Cited 2 times   1 Legal Analyses
    Affirming summary judgment on the plaintiff’s IIED claim because the record did not contain any evidence sustaining the claim

    In reviewing summary judgment, we consider the record in the light most favorable to the non-moving party. Fresnedo v. Porky's Gym III, Inc., 271 So. 3d 1185, 1186 (Fla. 3d DCA 2019) (citing Turner v. PCR, Inc., 754 So. 2d 683 (Fla. 2000) ; Davis v. Baez, 208 So. 3d 747 (Fla. 3d DCA 2016) ). III.

  3. Echevarria v. Lennar Homes, LLC

    306 So. 3d 327 (Fla. Dist. Ct. App. 2020)   Cited 4 times   1 Legal Analyses
    Reversing grant of summary judgment against plaintiff injured by tripping on transition between porch and walkway that blended together to create "optical illusion," because genuine issue of material fact existed as to whether porch design complied with building codes and whether such failure "concealed the step's presence" from the perspective of the plaintiff

    We review de novo the trial court's order granting final summary judgment. See Davis v. Baez, 208 So. 3d 747, 750 (Fla. 3d DCA 2016). In employing this standard of review, "we must view the record and reasonable inferences therefrom in a light most favorable to the nonmoving party, and any doubt concerning the existence of a disputed issue of material fact must be resolved against the moving party."

  4. Orozco v. McCormick 105, LLC

    No. 3D17-717 (Fla. Dist. Ct. App. Jul. 10, 2019)   Cited 13 times
    Holding that a trial court's order granting final summary judgment is reviewed de novo

    The standard of review on orders granting final summary judgment is de novo. Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974, 976 (Fla. 3d DCA 2017). "[A]ny doubt concerning the existence of a disputed issue of material fact must be resolved against the moving party." Davis v. Baez, 208 So. 3d 747, 750-51 (Fla. 3d DCA 2016). Section 772.11(1), Florida Statutes (2013), the civil theft statute, provides that:

  5. Bejarano v. City of Coral Gables

    300 So. 3d 712 (Fla. Dist. Ct. App. 2019)   Cited 4 times
    Finding an expert's affidavit averring the city's placement of palm trees "violated applicable line-of-sight visibility standards and the conditions restricted [the plaintiff's] view" created an issue of fact as to whether the city had created a dangerous condition

    The standard of review on orders granting final summary judgment is de novo . Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974, 976 (Fla. 3d DCA 2017). "[W]e must view the record and reasonable inferences therefrom in a light most favorable to the nonmoving party, and any doubt concerning the existence of a disputed issue of material fact must be resolved against the moving party." Davis v. Baez, 208 So. 3d 747, 750-51 (Fla. 3d DCA 2016). Upon review of the record, we find there are genuine issues of material fact as to whether the City created a dangerous condition that it knew or should have known, given the conflicting evidence submitted by the parties.

  6. Fresnedo v. Porky's Gym III, Inc.

    271 So. 3d 1185 (Fla. Dist. Ct. App. 2019)   Cited 6 times

    We review the issue de novo, Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000), and consider the record in a light most favorable to the non-moving party. Turner v. PCR, Inc., 754 So.2d 683 (Fla. 2000) ; Davis v. Baez, 208 So.3d 747 (Fla. 3d DCA 2016). Exculpatory clauses, such as the one at issue here, "that purport to deny an injured party the right to recover damages from another who negligently causes injury are strictly construed against the party seeking to be relieved of liability."