Gary Nader v. AIM Recovery Services, Inc.

Summary

The Florida Third District Court of Appeal affirmed the trial court’s decision in an appeal involving Gary Nader and AIM Recovery Services, Inc. The court cited authorities concerning preservation of challenges to required findings, the summary judgment burden under the new standard, and the burden of proving an affirmative defense.

Holdings

1. A party that does not challenge the trial court's failure to make required findings in a motion for rehearing does not preserve that issue for appellate review, and the appellate court must affirm on that basis.
2. Under Florida's new summary-judgment standard, a movant who bears the burden of persuasion at trial must initially demonstrate the absence of a genuine issue of material fact and produce evidence sufficient to support a directed verdict; the opposing party must then present evidence showing a genuine issue of material fact.
3. A party relying on an affirmative defense to defeat a claim bears the burden of showing that the defense applies and thereby precludes entry of summary judgment.

Questions Presented

1. Whether the appellants preserved for appellate review a challenge to the trial court's failure to make required findings by raising that issue in a motion for rehearing.
2. What burdens apply under the new summary-judgment standard when the movant bears the burden of persuasion at trial or relies on an affirmative defense.

Disposition

affirmed