O'NEAL v. Brady
Cases that cite this one
13 later published cases cite this decision.
- Martin County v. Edenfield (Fla. 1992)
- GMT Construction, Inc. v. Gulfside Supply, Inc. (Fla. Dist. Ct. App. 2013)
- Calarese v. Weissfisch (Fla. Dist. Ct. App. 2012)
- Newton v. Overseas Private Investment Corp. (Fla. Dist. Ct. App. 1989)
- Wallach v. Kohly (Fla. Dist. Ct. App. 1989)
- Howell v. Brock (Fla. Dist. Ct. App. 1988)
- Luna v. Total Mortgage, Ltd. (Fla. Dist. Ct. App. 1988)
- Cufferi v. Royal Palm Development Co. (Fla. Dist. Ct. App. 1987)
- Florida Service Network, Inc. v. Brickellbanc Savings Ass'n (Fla. Dist. Ct. App. 1987)
- Anderson v. Redden (Fla. Dist. Ct. App. 1987)
- Mathews v. Dime Savings Bank of New York, FSB (Fla. Dist. Ct. App. 1987)
- Aroll v. ITT Commercial Finance Corp. (Fla. Dist. Ct. App. 1986)
- Celotex Corp. v. Buildex, Inc. (Fla. Dist. Ct. App. 1985)
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
Gilbert O'NEAL, Appellant,
v.
William BRADY, Appellee.
District Court of Appeal of Florida, Third District.
Anthony J. Scremin and Gregory McGibney, Miami, for appellant.
Hershoff & Levy and Jay Levy, Miami, for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
PER CURIAM.
In order for a plaintiff to obtain a summary judgment where the defendant asserts affirmative defenses, the plaintiff must either disprove those defenses by evidence or establish their legal insufficiency. Howdeshell v. First National Bank of Clearwater, 369 So.2d 432 (Fla. 2d DCA 1979). Because plaintiff failed to conclusively refute the factual allegations or to establish the legal insufficiency of the affirmative defenses, the entry of a summary judgment was error.
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.