Leary v. First Property Management Corp.

District Court of Appeal of Florida

Leary v. First Property Management Corp.

613 So. 2d 580, 1993 Fla. App. LEXIS 1773, 1993 WL 31573

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1993

DocketNo. 92-1080

StatusPublished

This text of 613 So. 2d 580 (Leary v. First Property Management Corp.) 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

Leary v. First Property Management Corp., 613 So. 2d 580, 1993 Fla. App. LEXIS 1773, 1993 WL 31573 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

In defense of a summary judgment, the appellee relies upon an inference that a trip and fall in the vicinity of a crack in a sidewalk may have been caused by something other than the crack itself. That inference conflicts with the plaintiff’s claim that the crack caused the fall and, at best, creates an issue of fact. The burden of the movant for summary judgment, to demonstrate conclusively the nonexistence of any genuine issue of law or fact on the issue of liability, Prudential-LMI Commercial Ins. Co. v. Sears Roebuck & Co., 572 So.2d 15 (Fla. 3d DCA 1990), was not carried.

Reversed and remanded for further proceedings.

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PER CURIAM.

In defense of a summary judgment, the appellee relies upon an inference that a trip and fall in the vicinity of a crack in a sidewalk may have been caused by something other than the crack itself. That inference conflicts with the plaintiff’s claim that the crack caused the fall and, at best, creates an issue of fact. The burden of the movant for summary judgment, to demonstrate conclusively the nonexistence of any genuine issue of law or fact on the issue of liability, Prudential-LMI Commercial Ins. Co. v. Sears Roebuck & Co., 572 So.2d 15 (Fla. 3d DCA 1990), was not carried.

Reversed and remanded for further proceedings.

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613 So. 2d 580, 1993 Fla. App. LEXIS 1773, 1993 WL 31573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leary-v-first-property-management-corp-fladistctapp-1993.

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