Boschetti v. Landon

District Court of Appeal of Florida

Boschetti v. Landon

660 So. 2d 365, 1995 Fla. App. LEXIS 9567

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1995

DocketNos. 95-868, 95-1015

StatusPublished

This text of 660 So. 2d 365 (Boschetti v. Landon) 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.

Bluebook

Boschetti v. Landon, 660 So. 2d 365, 1995 Fla. App. LEXIS 9567 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

The plaintiff, Sylvia Boschetti, appeals from an adverse final summary judgment [366]*366and from an adverse final cost judgment. We affirm.

We find that the trial court properly granted final summary judgment in favor of the defendant where there were no genuine issues of material fact remaining and where the moving party was entitled to judgment as a matter of law. Pla.R.Civ.P. 1.510(e). In the action alleged below for assault, the facts were undisputed that the threats made by the defendant to the plaintiff were conditional and that at no time did the defendant have any weapon on his person, nor did he display any weapon to the plaintiff. Consequently, the plaintiff could not have had a reasonable apprehension of imminent harmful or offensive contact to her person. Newman v. Gehl Corp., 731 F.Supp. 1048, 1051 (M.D.Fla.1990); Lay v. Kremer, 411 So.2d 1347, 1349 (Fla. 1st DCA 1982). Therefore, as a matter of law, the incidents alleged below did not constitute a prima facie case of assault, and the trial court properly granted summary judgment in favor of the defendant.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiff, Sylvia Boschetti, appeals from an adverse final summary judgment [366]*366and from an adverse final cost judgment. We affirm.

We find that the trial court properly granted final summary judgment in favor of the defendant where there were no genuine issues of material fact remaining and where the moving party was entitled to judgment as a matter of law. Pla.R.Civ.P. 1.510(e). In the action alleged below for assault, the facts were undisputed that the threats made by the defendant to the plaintiff were conditional and that at no time did the defendant have any weapon on his person, nor did he display any weapon to the plaintiff. Consequently, the plaintiff could not have had a reasonable apprehension of imminent harmful or offensive contact to her person. Newman v. Gehl Corp., 731 F.Supp. 1048, 1051 (M.D.Fla.1990); Lay v. Kremer, 411 So.2d 1347, 1349 (Fla. 1st DCA 1982). Therefore, as a matter of law, the incidents alleged below did not constitute a prima facie case of assault, and the trial court properly granted summary judgment in favor of the defendant.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

660 So. 2d 365, 1995 Fla. App. LEXIS 9567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boschetti-v-landon-fladistctapp-1995.

Opinion

Related

Cite This Page — Counsel Stack