Civil Litigation
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Total Excusable Neglect Cases: 2
D
27 Fla. L. Weekly D1741 (Fla. 4th DCA August 9, 2002)
2002-08-09
EXCUSABLE NEGLECT
The Fourth District Court of Appeal affirmed the trial court
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Marrero v. Corcino
27 Fla. L. Weekly D880 (Fla. 4th DCA April 26, 2002)
2002-04-26
EXCUSABLE NEGLECT
Summary judgment may be entered if there are no genuine issues of material fact shown in the pleadings, depositions, or admissions on file, together with affidavits. In determining the issue of a genuine question of fact, the courts will look "in the light most favorable to the non-moving party." Under Fla. R. Civ. P. 1.510(e), affidavits must set forth facts admissible into evidence and profess personal knowledge establishing that the affiant is competent to testify to the material. The court also has the discretion to strike insufficient portions of such affidavits. The affiant in this case, a party to an automobile accident, made specific statements expressing opinions about technical issues such as speed approximations and tire skid mark lengths. The court found these assertions to be sufficient in establishing a genuine issue of fact and worthy of jury determination.
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