Lampman v. City of North Miami
Cases that cite this one
3 later published cases cite this decision.
- Williams v. Florida Realty & Management Co. (Fla. Dist. Ct. App. 1973)
- Byrd v. Leach (Fla. Dist. Ct. App. 1969)
- McClendon v. Key (Fla. Dist. Ct. App. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff below appeals an order granting summary final judgment in favor of the defendants. We find this case to be closely analogous to the case of Visingardi v. Tirone, Fla.1966, 193 So.2d 601. It is the burden of a party moving for summary judgment to show conclusively that no material issues remain for trial. Plaintiff must, of course, prove the elements of her cause of action, but she need not do so until trial. To require her to prove her case in order to successfully oppose a motion for summary judgment imposes a burden upon plaintiff that is neither contemplated nor justified under the cases and rules of procedure. Therefore, the order appealed must be reversed.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.