116 So. 3d 461
District Court of Appeal of Florida
Decided April 24, 2013
District Court of Appeal of Florida · decided 2013-04-24
Cited by 11 later decisions — most recently September 2018
8 state decisions
Relies on PDK Laboratories Inc. v. United States Drug Enforcement Administration · Public Health Trust of Miami-Dade County v. Metellus
Good law ✅— No negative treatment on recordhow we know
Decided 2013-04-24
View the full empirical analysis of this case →
¶1(specially concurring).
¶2Because it is clear, as the Court holds, that summary judgment is appropriate either way, simply because there is not a semblance of evidence of negligence, I would affirm without reaching the primary issue discussed by the Court. See Pub. Health Trust of Miami-Dade County v. Metellus, 948 So.2d 4, 5 (Fla. 3d DCA 2006) (Shepherd, J., specially concurring) (citing PDK Labs., Inc. v. U.S. DEA., 362 F.3d 786, 799 (D.C.Cir.2004)).