Legal Topics

SUMMARY JUDGMENT WAS IMPROPER WHERE THE ONLY EVIDENCE RELIED UPON DID NOT DEPICT THE ALLEGED TRIPPING HAZARD AND DID NOT CONCLUSIVELY NEGATE PLAINTIFF’S SWORN TESTIMONY

May 12th, 2026 in by admin

Reynolds v. Belk, Inc.,50 Fla. L. Weekly D2691 (Fla. 5th DCA Dec. 19, 2025): The plaintiff alleged she tripped and fell in a Belk store over an unsecured, wide-based metal stanchion. Belk moved for summary judgment relying solely on still…


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TRIAL COURT ERRED BY DENYING A RULE 1.540(B)(3) MOTION TO SET ASIDE DEFAULT WITHOUT AN EVIDENTIARY HEARING WHERE THE MOTION ALLEGED A COLORABLE FRAUD-BASED CLAIM WITH SUFFICIENT PARTICULARITY

May 08th, 2026 in by admin

TRIAL COURT ERRED BY DENYING A RULE 1.540(B)(3) MOTION TO SET ASIDE DEFAULT WITHOUT AN EVIDENTIARY HEARING WHERE THE MOTION ALLEGED A COLORABLE FRAUD-BASED CLAIM WITH SUFFICIENT PARTICULARITY Highsmith v. Britten, 50 Fla. L. Weekly 2648 (Fla. 2d DCA Dec.…


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