How cited: Moore v. Morris · Go Syfert

Moore v. Morris (1985)

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Treatment trajectory · 1985 → 2026 · click a year to view the case as of then
198520052026
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green ROY A. DANFORTH, DIANE MARIE DANFORTH and RYAN DANFORTH v. JAMAICA BAY EAST MANAGEMENT CO., INC. d/b/a PARADI… (2020)
Rule Authority · Fla. Dist. Ct. App. · 2 citations in this opinion
“The law is well settled in Florida that a party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Thomas Brookie v. Winn-Dixie Stores, Inc. and The Lewis Bear Company (2017)
Rule Authority · Fla. Dist. Ct. App. · 2 citations in this opinion
In negligence suits particularly, ‘summary judgments should be cautiously granted.’ Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985). ‘If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.’ Id. (citing Williams v. Lake City, 62 So.2d 732 (Fla. 1953)).
green Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLC (2015)
Rule Authority · Fla. Dist. Ct. App. · 2 citations in this opinion
“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985) (citing Shaffran v. Holness, 93 So.2d 94 (Fla.1957)).
green MacClatchey v. HCA Health Services of Florida, Inc. (2014)
Rule Authority · Fla. Dist. Ct. App. · 2 citations in this opinion
The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Jones v. Celebrity Cruises, Inc. (2024)
Rule Authority · S.D. Fla.
Ct. App. 2020); Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Omer Bechor v. Simcenter, Inc. (2024)
Rule Authority · Fla. Dist. Ct. App.
While it is true that “[a] FDUTPA claim cannot be stated based upon oral misrepresentations which are in contradiction of written terms of a contract,” Dorestin v. Hollywood Imports, Inc., 45 So. 3d 819, 825 (Fla. 4th DCA 2010), the agreements here only purport to release Simcenter itself from liability for JetU’s actions, not Simcenter’s officers. 8 “If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, o…
green Chason, Kimbrel v. Clark (2024)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Blue v. Weinert, 284 So. 3d 1176 , 1177 (Fla. 1st DCA 2019) (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (“[A] party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.”).
“[A] party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.”
green Grove Harbour Marina and Caribbean Marketplace, LLC, etc. v. Grove Bay Investment Group LLC, etc. (2024)
Rule Authority · Fla. Dist. Ct. App.
“If the evidence raises any issue of material fact, if it is 10 conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Sarah Ellen Keenan & David E. Keenan v. City of Spokane Valley (2024)
Rule Authority · Wash. Ct. App.
Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC, etc. v. GROVE BAY INVESTMENT GROUP, LLC, etc. (2023)
Rule Authority · Fla. Dist. Ct. App.
“If the evidence raises any issue of material fact, if it is 10 conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green KHULOUD HALUM, Personal Representative of the Estate of SALEH HALUM and KHULOUD HALUM, Individually v. ZF PAS… (2023)
Rule Authority · Fla. Dist. Ct. App.
Even drawing every possible reasonable inference in favor of the appellants, Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985), we find the trial court did not err in granting Manufacturer’s motion for summary judgment.
green NERMY DEL RIO v. RUSSELL ENGINEERING, INC. (2022)
Rule Authority · Fla. Dist. Ct. App.
“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Moore, 475 So. 2d 666, 668 (Fla. 1985).
green ALDO GABRIEL AMENTA POZANCO v. FJB 6501, INC. (2022)
Rule Authority · Fla. Dist. Ct. App.
Further, “[s]ummary judgments should be cautiously granted in negligence and malpractice suits.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985). 1 The standard of review for summary judgments in Florida has since changed to mirror the federal standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), with respect to judgments rendered after May 1, 2021.
green DISTRICT ADVISORY BOARD OF THE SOUTHERN FLORIDA DISTRICT, CHURCH OF NAZARENE, INC., etc. and BRIAN WILSON v. … (2022)
Rule Authority · Fla. Dist. Ct. App.
The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green RESTORATION CONSTRUCTION, LLC v. SAFEPOINT INSURANCE COMPANY (2020)
Rule Authority · Fla. Dist. Ct. App.
“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Eakin Enterprises, Inc. v. Stratton Ballew, PLLC (2020)
Rule Authority · Wash. Ct. App.
Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green ROBERT J O'DONNELL and SANDRA O'DONNELL v. W.F. TAYLOR CO., INC. (2020)
Rule Authority · Fla. Dist. Ct. App.
“The law is well settled in Florida that a party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green ROBERT J O'DONNELL and SANDRA O'DONNELL v. W.F. TAYLOR CO., INC. (2020)
Rule Authority · Fla. Dist. Ct. App.
“The law is well settled in Florida that a party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green BRANDY T. OLIVER v. WINN-DIXIE STORE, INC. (2020)
Rule Authority · Fla. Dist. Ct. App.
Indus., Inc., 133 So. 3d 1053, 1055 (Fla. 4th DCA 2014) (“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.” (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985))).
green PRIME INVESTORS & DEVELOPERS, LLC and HOMESTEAD HOLDINGS II, LLC v. THE MERIDIEN COMPANIES, INC. (2020)
Rule Authority · Fla. Dist. Ct. App.
Id. at 668 (internal citations omitted).
internal citations omitted
green JACOB BRYAN v. GALLEY MAID MARINE PRODUCTS, INC., d/b/a OFF ROAD INNOVATIONS, etc. (2020)
Rule Authority · Fla. Dist. Ct. App.
“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green State of Florida, Florida Department of Health, Celeste Philip, M.D., M.P.H., in her official capacity as Sur… (2019)
Rule Authority · Fla. Dist. Ct. App.
Summary judgment should not be granted “unless the facts are so crystallized that nothing 5 remains but questions of law.” Id. (quoting Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985)).
green LAURA LYNN CONE and WILLIAM E. CONE v. U.S. BANK TRUST, N.A. (2019)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.”).
“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.”
green Cone v. U.S. Bank Trust, N.A. (2019)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Moore v. Morris , 475 So.2d 666 , 668 (Fla. 1985) ("A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.").
"A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law."
green Convergent Technologies, Inc. v. Jasper Stone, Kurt A. Bernard, Paul R. Hutchinson, and Michael D. Fleming (2018)
Rule Authority · Fla. Dist. Ct. App.
Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (emphasis added) (citations omitted).
emphasis added
green Convergent Technologies, Inc. v. Jasper Stone, Kurt A. Bernard, Paul R. Hutchinson, and Michael D. Fleming (2018)
Rule Authority · Fla. Dist. Ct. App.
Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (emphasis added) (citations omitted).
emphasis added
green John S. and James L. Knight Foundation v. Urban Philanthropies (2018)
Quote Authority · Fla. Dist. Ct. App.
Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.”).
“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.”
green Garcia v. First Community Ins. Co. (2018)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.”); Sierra, 767 So. 2d at 525 (“If the ‘slightest doubt’ exists, then summary judgment must be reversed.”).
“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.”
green CHARLES W. GRIMES & BRENDA GRIMES v. KEVIN R. LOTTES (2018)
Rule Authority · Fla. Dist. Ct. App.
"If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it." Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985) (first citing Williams v. Lake City, 62 So. 2d 732, 733 (Fla. 1953); and then citing Crovella v. Cochrane, 102 So. 2d 307, 310 (Fla. 1st DCA 1958)). "[T]here are four elements of fraudule…
first citing Williams v. Lake City, 62 So. 2d 732, 733 (Fla. 1953); and then citing Crovella v. Cochrane, 102 So. 2d 307, 310 (Fla. 1st DCA 1958)
green CABO FLATS JUPITER, LLC v. LENA DAWLEY (2018)
Rule Authority · Fla. Dist. Ct. App.
“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Fist Construction v. Obando (2017)
Rule Authority · Fla. Dist. Ct. App.
In the present case, it cannot be said that the facts are “so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green BK MARINE CONSTRUCTION, INC. v. SKYLINE STEEL, LLC. (2017)
Rule Authority · Fla. Dist. Ct. App.
On this first requirement, “[i]f the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985); see also Dellatorre v. Buca, Inc., 211 So. 3d 272, 273 (Fla. 4th DCA 2017) (similar).
green Sexton v. Southfield Subdivision Maintenance & Property Owners' Association, Inc. (2017)
Rule Authority · Fla. Dist. Ct. App.
Bd. v. Radio Station WQBA, 731 So.2d 638, 643 (Fla. 1999) (“It is a well- *929 settled principle of Florida jurisprudence that summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.” (citing Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985))); Babul v. Golden Fuel, Inc., 990 So.2d 680, 684 (Fla. 2d DCA 2008) (holding that conflicting affidavits concerning the identity of contracting parties to an ambiguous contrac…
green Evergreen Communities, Inc. and Palafox, LLC v. Palafox Preserve Homeowners' etc. (2017)
Rule Authority · Fla. Dist. Ct. App.
“The movant must demonstrate conclusively that no genuine issue exists as to any material fact, and the court must draw every possible inference in favor of the party opposing summary judgment.” Id. “‘A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.’ ” Id. (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)). “[Rjestraints [on the use of real property] ‘are not favored and are to be strictly construe…
green Prepared Insurance Co. v. Gal (2016)
Rule Authority · Fla. Dist. Ct. App.
“The law is well settled in Florida that a party moving for summary judgment must show conclusively the ab sence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Craven-Lazarus v. Pennymac Holdings, LLC (2016)
Rule Authority · Fla. Dist. Ct. App.
“A summary judgment should not be granted unless the facts are so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985) (citation omitted).
citation omitted
green Grimes v. Family Dollar Stores of Florida, Inc. (2016)
Rule Authority · Fla. Dist. Ct. App.
Courts must be particularly restrained in granting- summary judgment in negligence cases, and summary judgment shpuld not be granted “unless the facts are so crystallized that nothing remains but questions of law.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Rv-7 Property, Inc. v. Stefani De La O, Inc. (2016)
Rule Authority · Fla. Dist. Ct. App.
Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Abdel (Darwish) Darwiche and Batoul (Darwish) Darwiche v. The Bank of New York Mellon (2016)
Rule Authority · Fla. Dist. Ct. App.
The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Statewide Homeowners Solutions, LLC v. Nationstar Mortgage, LLC (2015)
Rule Authority · Fla. Dist. Ct. App.
The burden is on the moving party to “show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985), - Nota- - bly, “a plaintiff who moves for summary judgment before a defendant files an answer has a ‘difficult burden.’ ” Dominico v. Wells Fargo Bank, N.A., 102 So.3d 696, 698 (Fla. 4th DCA 2012) (citing Gonch…
green Keith Howard, The Howard Company etc. v. Roger Murray and K&H Development etc. (2015)
Rule Authority · Fla. Dist. Ct. App.
Servs., State of Fla., 988 So.2d 1192, 1193 (Fla. 1st DCA 2008) (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)). 21 .
green Bowman v. Barker (2015)
Rule Authority · Fla. Dist. Ct. App.
Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green DePrince v. Starboard Cruise Services, Inc. (2015)
Rule Authority · Fla. Dist. Ct. App.
ANALYSIS “[A] party moving for summary judgment must show conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Phillips v. Republic Financial Corp. (2015)
Rule Authority · Fla. Dist. Ct. App.
“The burden is on the moving party to show ‘conclusively the absence of any genuine issue of material fact and the court must draw every inference in favor of the party against whom a summary judgment is sought.’ ” Id. (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985)).
green McCoy v. Durden (2014)
Rule Authority · Fla. Dist. Ct. App.
Servs., 988 So.2d 1192, 1193 (Fla. 1st DCA 2008) (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)).
green Case v. Newman (2014)
Rule Authority · Fla. Dist. Ct. App.
Servs., 988 So.2d 1192, 1193 (Fla. 1st DCA 2008) (“‘If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.’ ” (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla.1985))).
green Johnny Thompson, as Personal Representative of the Estate of Scott Thompson, on behalf of the surviving paren… (2014)
Rule Authority · Fla. Dist. Ct. App.
The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact, and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985).
green Thompson v. Estate of Maurice (2014)
Rule Authority · Fla. Dist. Ct. App.
The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact, and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985).
green Fox v. City of Pompano Beach (2008)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Patten v. Winderman, 965 So.2d 1222, 1224 (Fla. 4th DCA 2007) ("`If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.'") (quoting Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)).
"The statute of limitations can be waived."
green Aaron v. Palatka Mall, LLC (2005)
Quote Authority · Fla. Dist. Ct. App. · signal: see
See Moore v. Morris, 475 So.2d 666, 668 (Fla.1985) ("Summary judgments should be cautiously granted in negligence and malpractice suits.") (citation omitted); Feagle v. Purvis, 891 So.2d 1096, 1098 (Fla. 5th DCA 2004) ("[W]hen considering fact-intensive negligence cases, summary judgments should only be granted with caution.") (citation omitted); Wal-Mart Stores, Inc. v. Tracz, 799 So.2d 413, 414 (Fla. 5th DCA 2001) ("Summary judgment procedures should be applied with specia…
"[W]hen considering fact-intensive negligence cases, summary judgments should only be granted with caution."