Nazworth v. State

District Court of Appeal of Florida

Nazworth v. State

673 So. 2d 985, 1996 Fla. App. LEXIS 5476, 1996 WL 279900

Procedural entryThis page is a short order in Nazworth v. State. Read the opinion of the Court — 1998 Fla. App. LEXIS 9713 →

District Court of Appeal of Florida·Decided May 29, 1996·No. No. 95-3441·Published

Opinion

PER CURIAM.

We reverse the final summary judgment under review and remand for further proceedings because genuine issues of material fact exist in the record before us. “Summary judgment is only appropriate when the movant has shown conclusively that no genuine issues of material fact remain; every inference is drawn in favor of the party [986]*986against whom summary judgment is sought[, and] ... ‘[p]artieular caution should be employed when granting summary judgment in negligence actions.’ ” White v. Whiddon, 670 So.2d 131, 133 (Fla. 1st DCA 1996) (citations omitted).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

BOOTH, WOLF and VAN NORTWICK, JJ., concur.

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PER CURIAM.

We reverse the final summary judgment under review and remand for further proceedings because genuine issues of material fact exist in the record before us. “Summary judgment is only appropriate when the movant has shown conclusively that no genuine issues of material fact remain; every inference is drawn in favor of the party [986]*986against whom summary judgment is sought[, and] ... ‘[p]artieular caution should be employed when granting summary judgment in negligence actions.’ ” White v. Whiddon, 670 So.2d 131, 133 (Fla. 1st DCA 1996) (citations omitted).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

BOOTH, WOLF and VAN NORTWICK, JJ., concur.

Nazworth v. State, 673 So. 2d 985, 1996 Fla. App. LEXIS 5476, 1996 WL 279900 (Fla. Ct. App. 1996).

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Opinion

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