Morales v. Hialeah Housing Authority

District Court of Appeal of Florida

Morales v. Hialeah Housing Authority

149 So. 3d 699, 2014 Fla. App. LEXIS 14099, 2014 WL 4437242

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 2014

DocketNo. 3D13-1786

StatusPublished

Cited by1 cases

This text of 149 So. 3d 699 (Morales v. Hialeah Housing Authority) 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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Morales v. Hialeah Housing Authority, 149 So. 3d 699, 2014 Fla. App. LEXIS 14099, 2014 WL 4437242 (Fla. Ct. App. 2014).

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Opinion

EMAS, J.

Upon our de novo review of the trial court’s entry of summary judgment in favor of appellee, and considering the facts and inferences in a light most favorable to the non-moving party¹, we conclude that genuine issues of material fact remain, precluding summary judgment. Rocamonde v. Marshalls of Ma, Inc., 56 So.3d 863, 864 (Fla. 3d DCA 2011). Because we hold that summary judgment was inappropriate given the existence of genuine issues of material fact, we need not, and do not, reach the merits of the other issues raised in this appeal. See Albelo v. Southern Bell, 682 So.2d 1126 (Fla. 4th DCA 1996).

Reversed and remanded for further proceedings consistent with this opinion.

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EMAS, J.

Upon our de novo review of the trial court’s entry of summary judgment in favor of appellee, and considering the facts and inferences in a light most favorable to the non-moving party¹, we conclude that genuine issues of material fact remain, precluding summary judgment. Rocamonde v. Marshalls of Ma, Inc., 56 So.3d 863, 864 (Fla. 3d DCA 2011). Because we hold that summary judgment was inappropriate given the existence of genuine issues of material fact, we need not, and do not, reach the merits of the other issues raised in this appeal. See Albelo v. Southern Bell, 682 So.2d 1126 (Fla. 4th DCA 1996).

Reversed and remanded for further proceedings consistent with this opinion.

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149 So. 3d 699, 2014 Fla. App. LEXIS 14099, 2014 WL 4437242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-hialeah-housing-authority-fladistctapp-2014.

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