Maria Gonzalez Fernandez v. Dolphins Cycling Challenge, Inc., Etc.

• Court: District Court of Appeal of Florida
• Decided: September 17, 2025
• Docket: 3D2024-1801
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1801 Lower Tribunal No. 23-22834-CA-01 ________________

Maria Gonzalez Fernandez, Appellant,

vs.

Dolphins Cycling Challenge, Inc., etc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Joseph Perkins, Judge.

Gerson & Schwartz, P.A., and Edward S. Schwartz and Philip M. Gerson, for appellant.

Kennedys CMK LLP, and Jedidiah Vander Klok, Alexander J. Fumagali, Sneh I. Patel, and Audrey Franklin, for appellees.

Before SCALES, C.J., and LINDSEY and BOKOR, JJ.

PER CURIAM. Affirmed. See Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA

2022) (explaining that, where the nonmoving party bears the burden of proof

on a dispositive issue at trial, the moving party need only demonstrate an

absence of evidence to support the nonmoving party’s case. Once the

moving party satisfies this burden, “it is incumbent upon the nonmoving party

to come forward with evidentiary material demonstrating that a genuine issue

of fact exists as to an element necessary for the non-movant to prevail at

trial”); Ibarra v. Ross Dress for Less, Inc., 350 So. 3d 465, 467 (Fla. 3d DCA

2022) (citing Florida Rule of Civil Procedure 1.510(a) and holding that

summary judgment will be granted where the “movant shows that there is no

genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law”); Massage Envy Franchising, LLC v. Doe, 339 So. 3d

481, 484 (Fla. 5th DCA 2022) (“[A] clickwrap agreement occurs when a

website directs a purchaser or user to the terms and conditions of the sale

and requires the user to click a box to acknowledge that they have read those

terms and conditions. These agreements are generally enforceable.”)

(citation omitted); see generally Miami Dolphins, Ltd. v. Engwiller, 410 So.

3d 685 (Fla. 3d DCA 2025).