James Flaherty v. Patrick Flaherty, et al.

Summary

The Florida Third District Court of Appeal affirmed the circuit court's judgment in an appeal involving summary judgment. The court cited authorities concerning genuine issues of material fact, the nonmoving party's evidentiary burden, appellate limits on searching the record, and briefing requirements.

Holdings

1. Affirmed. Disputes over facts that do not affect the outcome under the governing law do not preclude summary judgment, and the nonmoving party must present evidentiary material demonstrating a genuine issue of fact concerning an element necessary to prevail at trial.
2. The appellate court has no authority to search the record or briefs for new facts and reformulate a party's argument on the party's behalf.
3. The court recognized dismissal in part for failure to comply with Florida Rule of Appellate Procedure 9.210(b).

Questions Presented

1. Whether the lower court's ruling should be affirmed under the governing summary-judgment standard.
2. Whether the appellate court could consider arguments or facts not adequately presented by the appellant in the appellate record or briefs.
3. Whether dismissal in part was warranted for failure to comply with Florida Rule of Appellate Procedure 9.210(b).

Disposition

affirmed