Tretten v. Irrgang
Cases that cite this one
4 later published cases cite this decision.
- Albelo v. Southern Bell (Fla. Dist. Ct. App. 1996)
- Smith v. Broward County (Fla. Dist. Ct. App. 1995)
- Walden Leasing, Inc. v. Beiswenger, Hoch & Associates, Inc. (Fla. Dist. Ct. App. 1995)
- Newman v. Herrin (Fla. Dist. Ct. App. 1995)
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
The trial court entered summary judgment in favor of Paul Irrgang. Appellants’ contend that the order granting summary judgment was erroneous because the record reflects the existence of genuine issues of material fact. We agree.
According to Hervey v. Alfonso, 650 So.2d 644 (Fla. 2d DCA 1995):
[I]f a record reflects the existence of any genuine issue of material fact or the possibility of any issue, or if the record raises even the slightest doubt that an issue might exist, that doubt must be resolved against the moving party, and summary judgment must be denied.
Id. at 646. We find that the record before us reflects that there is a genuine question of fact regarding the foreseeability that Mr. Jaggan would burn trash in Mr. Irrgang’s absence, and we therefore find that the order granting summary judgment should be reversed.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.