CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...Rule 1.36, Fla.Rules of Civil Procedure, 30 F.S.A. A moving party, to be entitled to a summary judgment, has the burden of showing that the facts which would warrant judgment in his favor under applicable substantive law are indisputable. 6 Moore's Federal Practice, § 56.13 P....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 113 L.R.R.M. (BNA) 2001, 1983 U.S. App. LEXIS 28955
way ineligible for a license. Miami City Code § 56-13. The city requires all drivers to maintain
CopyCited 12 times | Published | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 233, 49 Collier Bankr. Cas. 2d 549, 2002 Bankr. LEXIS 969, 40 Bankr. Ct. Dec. (CRR) 34, 2002 WL 31028386
...there is a material issue of fact that precludes summary judgment. Clark,
929 F.2d at 608. In this respect, the non-moving party must then articulate for the court those specific facts that establish an issue for trial. Moore's Federal Practice 3d, §
56.13 [3] at 56-151 (2001) (" Moore's ")....
...at 254,
106 S.Ct. 2505. In addition to establishing that there are genuine issues of fact necessitating a trial, the non-moving party must be able to articulate a viable legal theory should it prevail on the facts at trial. Moore's §§ 56.11[8] at 56-131;
56.13[4] at 56-153....
...2505 (emphasis in original). In addition to establishing that there are genuine issues of fact necessitating a trial, the non-moving party must be able to articulate a viable legal theory should it prevail on the facts at trial. Moore's §§ 56.11[8] at 56-131, 56.13[4] at 56-153....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...1965,
171 So.2d 606] and quotes as follows: "A moving party, to be entitled to a summary judgment, has the burden of showing that the facts which would warrant judgment in his favor under applicable substantive law are indisputable. 6 Moore's Federal Practice, §
56.13 P....
...uires the moving party to sustain the burden of proof to prevail on a summary judgment hearing. We do not so read the opinion. The first sentence quoted above relates to the burden to show absence of triable issues, citing 6 Moore's Federal Practice § 56.13 (2d ed....
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 2004 Bankr. LEXIS 1896, 2004 WL 2786647
...material issue of fact that precludes summary judgment. Clark,
929 F.2d at 608. In this respect, the non-moving party must then articulate for the court those specific facts that establish an issue for trial. Moore's Federal Practice 3d ("Moore's"), §
56.13[3] at 56-151 (2001)....
...242, 254,
106 S.Ct. 2505,
91 L.Ed.2d 202 (1986). In addition to establishing that there are genuine issues of fact necessitating a trial, the non-moving party must be able to articulate a viable legal theory to prevail at trial. Moore's §§ 56.11[8] at 56-131;
56.13[4] at 56-153....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...to dissipate them, nor will it entitle the court to decide such triable issues without trial. Shaffran v. Holness, Fla. 1957,
93 So.2d 94, 98; West Shore Restaurant Corp. v. Turk, Fla. 1958,
101 So.2d 123, 126. See 6 Moore's Federal Practice, 2 Ed., §
56.13, wherein it is stated: "The well-settled rule is that cross-motions for summary judgment do not warrant the court in granting summary judgment unless one of the moving parties is entitled to judgment as a matter of law upon facts that are no...
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6501
...Appellant herein appeals from an interlocutory order denying his motion to compel the Sheriff to return said forthcoming bond as forfeited. Appellant maintains, and we agree, that the chattels were not “produced” at the courthouse as required by the bond and by Section 56.13, .Fla.Stat., 1967, F.S.A. Section 56.13, Florida Statutes, F.S.A., is quoted as follows: “Should the execution remain unpaid and the parties to the bond fail to produce such property by the day specified, said bond shall be returned to the court from which the execution iss...
...There was also no showing that the chattels were such as to be not easily moved or too expensive to move so as to require the sale to be held at the North Palm Avenue address. See F.S. 56.23, F.S.A. Accordingly, we reverse and remand with directions to have the bond forfeited pursuant to Section 56.13, Fla.Stat., F.S.A....
