Case opinion for FL District Court of Appeal FUENTES v. LUXURY OUTDOOR DESIGN INC. Read the Court's full decision on FindLaw.
NATALIA DEMARCO FUENTES vs LUXURY OUTDOOR DESIGN, INC., ROBERT COGGINS, and ROBERT ANASTASI Annotate this Case Download PDF. Fuentes v. Luxury Outdoor Design, Inc.
Per Curiam. Not final until disposition of timely filed motion for rehearing. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Keathan Frink, Judge; L.T.
Case No. 16-15675 CACE (12). Debbie R.
Campbell of Campbell Legal Group PLLC, Coral Gables, for appellant. Natalia Fuentes ("the plaintiff") appeals two orders addressing her complaint against Robert Coggins ("the defendant"): 1) the order granting dismissal of most counts, and 2) the summary judgment order disposing of the two remaining counts. She raises multiple issues on appeal but we find merit as to only one, namely her argument that the trial court erred in granting summary judgment.
In Fuentes v. Luxury Outdoor Design, Inc., Florida's Fourth District Court of Appeals reversed summary judgment where the trial court's reasoning behind granting summary judgment was solely plaintiff's failure to respond to the motion for summary judgment, stating it had "no alternative but to find that" the facts were undisputed. NATALIA DEMARCO FUENTES, Appellant, v.
LUXURY OUTDOOR DESIGN, INC., a Florida for profit corporation, ROBERT COGGINS, an individual, and ROBERT ANASTASI, an. A recent illustration is Fuentes v. Luxury Outdoor Design, Inc.
et al.[1] There, the Fourth District Court of Appeal (DCA) reversed a summary judgment because the only apparent basis for the trial court's ruling was the lack of an opposition. In B. Little & Company, Inc.
v. Choi Wai Printing (Hong Kong) Limited, the Fourth District Court of Appeal reversed a summary judgment ruling. The trial court mistakenly believed it was obligated to rule in favor of the defendant because the plaintiff did not respond to the summary judgment motion.
Under Rule 1.510, the court has discretion to take other actions besides granting the motion. Case opinion for FL District Court of Appeal NATALIA DEMARCO FUENTES v. LUXURY OUTDOOR DESIGN INC ROBERT COGGINS ROBERT ANASTASI.
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