¶1Richard Byrd, Sr. appeals the trial court’s order granting the defendant Richard Snyder’s motion for summary judgment. A motion for summary judgment may only be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that no genuine issue of any material fact remains and that the moving party is entitled to a judgment as a matter of law. Fla.R.Civ.P. 1.510(c); See Maybin v. Thompson, 514 So.2d 1129 (Fla. 2d DCA 1987). We hold the record reveals genuine issues of fact which preclude summary judgment. Accordingly, we reverse and remand for further proceedings.
613 So. 2d 944
Byrd v. Snyder
District Court of Appeal of Florida
Decided March 3, 1993
District Court of Appeal of Florida · decided 1993-03-03
Cited by 1 later decisions — most recently August 1993
1 state decisions
Key passage — most relied on by later courts
“A motion for summary judgment may only be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that no genuine issue of any material fact remains and that the moving party is entitled to a judgment as a matter of law.”
quoted by 1 later decision, including Clark v. Gochenaur
Relies on 514 So. 2d 1129 - Maybin v. Thompson
Good law ✅— No negative treatment on recordhow we know
Decided 1993-03-03
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