Allen v. Metropolitan Dade County

District Court of Appeal of Florida

Allen v. Metropolitan Dade County

386 So. 2d 301, 1980 Fla. App. LEXIS 17241

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1980

DocketNo. 80-162

StatusPublished

This text of 386 So. 2d 301 (Allen v. Metropolitan Dade County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allen v. Metropolitan Dade County, 386 So. 2d 301, 1980 Fla. App. LEXIS 17241 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The summary judgment entered below for the defendant, Dade County, in a false imprisonment case is reversed because (a) the trial court improperly granted summary judgment for the non-moving party at a hearing noticed only for the plaintiff’s motion for summary judgment, Jockey Club, Inc. v. Blake, 297 So.2d 44 (Fla.3d DCA 1974); Greer v. Workman, 203 So.2d 665 (Fla.4th DCA 1967); John K. Brennan Co. v. Central Bank & Trust Co., 164 So.2d 525 (Fla.2d DCA 1964); and (b) on the merits, it does not conclusively appear beyond genuine issue that the defendant is entitled to judgment in its favor as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Green Valley School, Inc. v. Cowles Florida Broadcasting, Inc., 327 So.2d 810 (Fla.1st DCA 1976); Kanner v. First National Bank of South Miami, 287 So.2d 715, 717 (Fla.3d DCA 1974); see also, Harris v. Solvonic, 386 So.2d 19 (Fla.3d DCA 1980).

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PER CURIAM.

The summary judgment entered below for the defendant, Dade County, in a false imprisonment case is reversed because (a) the trial court improperly granted summary judgment for the non-moving party at a hearing noticed only for the plaintiff’s motion for summary judgment, Jockey Club, Inc. v. Blake, 297 So.2d 44 (Fla.3d DCA 1974); Greer v. Workman, 203 So.2d 665 (Fla.4th DCA 1967); John K. Brennan Co. v. Central Bank & Trust Co., 164 So.2d 525 (Fla.2d DCA 1964); and (b) on the merits, it does not conclusively appear beyond genuine issue that the defendant is entitled to judgment in its favor as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Green Valley School, Inc. v. Cowles Florida Broadcasting, Inc., 327 So.2d 810 (Fla.1st DCA 1976); Kanner v. First National Bank of South Miami, 287 So.2d 715, 717 (Fla.3d DCA 1974); see also, Harris v. Solvonic, 386 So.2d 19 (Fla.3d DCA 1980).

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Bluebook (online)

386 So. 2d 301, 1980 Fla. App. LEXIS 17241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-metropolitan-dade-county-fladistctapp-1980.

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