Falconsapp ex rel. Falconsapp v. Spinnaker III of Panama City Beach, Inc.

District Court of Appeal of Florida

Falconsapp ex rel. Falconsapp v. Spinnaker III of Panama City Beach, Inc.

680 So. 2d 505, 1996 Fla. App. LEXIS 4124, 1996 WL 191599

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1996

DocketNo. 95-862

StatusPublished

This text of 680 So. 2d 505 (Falconsapp ex rel. Falconsapp v. Spinnaker III of Panama City Beach, Inc.) 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

Falconsapp ex rel. Falconsapp v. Spinnaker III of Panama City Beach, Inc., 680 So. 2d 505, 1996 Fla. App. LEXIS 4124, 1996 WL 191599 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

Adrian Falconsapp, plaintiff below, appeals a final summary judgment entered in favor of the defendant, Spinnaker III of Panama City Beach, Incorporated, in a negligence case arising out of injuries he incurred while on the premises of a beach club operated by Spinnaker. We reverse.

A party moving for summary judgment must conclusively show the nonexistence of any question of material fact, and the trial court must draw all possible inferences in favor of the party against whom summary judgment is sought. Chelton v. Tallahassee-Leon County Civic Ctr. Auth., 525 So.2d 972, 974 (Fla. 1st DCA), review denied, 534 So.2d 402 (Fla.1988). Because our review of the record reveals the presence of multiple issues of material fact, Spinnaker is not entitled to judgment as a matter of law. See Maldonado v. Jack M. Berry Grove Corp., 351 So.2d 967 (Fla.1977). Accordingly, we REVERSE the trial court’s order granting summary judgment and REMAND for further proceedings.

MINER, MICKLE and LAWRENCE, JJ., concur.

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

PER CURIAM.

Adrian Falconsapp, plaintiff below, appeals a final summary judgment entered in favor of the defendant, Spinnaker III of Panama City Beach, Incorporated, in a negligence case arising out of injuries he incurred while on the premises of a beach club operated by Spinnaker. We reverse.

A party moving for summary judgment must conclusively show the nonexistence of any question of material fact, and the trial court must draw all possible inferences in favor of the party against whom summary judgment is sought. Chelton v. Tallahassee-Leon County Civic Ctr. Auth., 525 So.2d 972, 974 (Fla. 1st DCA), review denied, 534 So.2d 402 (Fla.1988). Because our review of the record reveals the presence of multiple issues of material fact, Spinnaker is not entitled to judgment as a matter of law. See Maldonado v. Jack M. Berry Grove Corp., 351 So.2d 967 (Fla.1977). Accordingly, we REVERSE the trial court’s order granting summary judgment and REMAND for further proceedings.

MINER, MICKLE and LAWRENCE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

680 So. 2d 505, 1996 Fla. App. LEXIS 4124, 1996 WL 191599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falconsapp-ex-rel-falconsapp-v-spinnaker-iii-of-panama-city-beach-inc-fladistctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack