CopyCited 114 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 7321211
...Put differently, “[a]n opposing party’s affidavit should be considered
although it differs from or varies [from] his evidence as given by deposition or
another affidavit and the two in conjunction may disclose as issue of credibility.”
Tippens, at 953. (quoting Moore’s Federal Practice § 56.15 (2d ed....
CopyCited 85 times | Published | Court of Appeals for the Eleventh Circuit
...stipulations and concessions, and other materials admissible in evidence or otherwise usable at trial.” Clay v. Equifax, Inc.,
762 F.2d 952, 956 (11th Cir.1985) (dicta) (emphasis added); see also 6 James W. Moore et al., Moore’s Federal Practice §
56.15[7] (2d ed.1996) (same); 10A Charles Alan Wright, Arthur R....
CopyCited 61 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 25626
...ierce v. Ford Motor Co.,
190 F.2d 910, 915 (4th Cir.1951)); Smith v. City of Manchester,
460 F.Supp. 30, 36 (E.D.Tenn.1978) (constitutional law); Rypkema v. Bowers, 66 F.R.D. 564, 569 (N.D.W.Va.1974) (same). See generally Moore’s Federal Practice, §
56.15[1.-0], 56-398....
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 30171
otherwise usable at trial. 6 Moore Federal Practice § 56.-15[7]. The court may draw legal presumptions as well
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...ring the propriety of the court's action in this regard. Reversed and remanded for new trial. STURGIS and CARROLL, DONALD, JJ., concur. NOTES [1] Smith v. City of Daytona Beach, Fla.App. 1960,
121 So.2d 440; Moore's Federal Practice, 2d Ed., Vol. 6, §
56.15(1)....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...This burden is upon the movant irrespective of whether he or his opponent would at trial have the burden of proof on the issue concerned, and it rests on the movant whether he is by it required to show the existence or non-existence of facts. 6 Moore's Federal Practice, 2nd Ed., § 56.07, p. 2044; § 56.15 (3), pp....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...ies. But, as stated above, since it possessed some evidentiary value on the negligence issue, it should have been accepted on the motion for summary judgment, and the motion to strike it should have been denied. NOTES [1] 6 Moore's Federal Practice, § 56.15(3), p....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit
interest.” G, COUCH, CYCLOPEDIA OF INSURANCE LAW § 56:15 (2d. ed. 1982). Thus, the critical date for awarding
CopyPublished | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 3, 2001 Bankr. LEXIS 1365, 88 A.F.T.R.2d (RIA) 5980
Defendants for Violation of South Carolina Statute Section 56-15-30, et seq.” In Count V, Magic Toyota and Mr
CopyPublished | District Court of Appeal of Florida
6 Moore’s Federal Practice, 2nd, p. 2165, Section
56.15(8) states: “Discretion plays no real role in
CopyPublished | Florida 1st District Court of Appeal
1.510(e), 31 F.S.A.; 6 Moore, Federal Practice § 56.-15(3). PIERCE, C. J., and HOBSON and MANN, JJ., concur
CopyPublished | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3144
...This burden is strictly imposed by the courts to the extent that all inferences which could he drawn from the proofs will be indulged in favor of the non-moving party and against the movant. Warring v. Winn-Dixie Stores, Fla.App. 1958,
105 So.2d 915 ; 6 Moore’s Federal Practice, 2d Ed., §
56.15(3)....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5606
...d taken place and that, in weighing the evidence, reasonable men could differ. The trial court should not have granted summary judgment.” (Emphasis added) * «5» * * * 4» We think the appropriate rule is set forth in 6 Moore’s Federal Practice § 56.15(4), (2d ed....
CopyPublished | Court of Appeals for the Eleventh Circuit
...and concessions,
and other materials admissible in evidence or otherwise usable at
trial." Clay v. Equifax, Inc.,
762 F.2d 952, 956 (11th Cir.1985)
(dicta) (emphasis added); see also 6 James W. Moore et al.,
Moore's Federal Practice §
56.15[7] (2d ed.1996) (same); 10A
Charles Alan Wright, Arthur R....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7672
...This is an issue well suited to disposition before trial. If the insurer is to receive a summary judgment, it ought to be because its non-liability is affirmatively shown and not because some doubt remains whether it is not liable or whether its liability is undiscovered. See 6 Moore, Federal Practice § 56.15 [5]....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14044
...nt to levy of execution issued in Duval County pursuant to the final judgment entered there. The appellees did not urge in the trial court, nor do they urge here, any irregularity, fraud, nor mistake. No effort was made by appellees to comply with F.S. 56.15....
