Ruth A. Green v. Richard Rockefeller-Silvia

Summary

The Florida Fourth District Court of Appeal affirmed summary judgment for Richard Rockefeller-Silvia in Ruth Green's lawsuit arising from a failed horse investment. The court held that Green had not presented record evidence supporting her opposition under Florida Rule of Civil Procedure 1.510(c)(1), while declining to address the viability of claims against the remaining defendants.

Holdings

1. Summary judgment was proper because, at the time the circuit court ruled, the record contained no supporting factual position contemplated by Florida Rule of Civil Procedure 1.510(c)(1). An attorney-signed statement of facts that was not sworn did not provide record evidence sufficient to create a genuine issue of material fact.

Questions Presented

1. Whether genuine issues of material fact precluded summary judgment where the plaintiff relied on an attorney-signed statement of facts that was not sworn and did not constitute a supporting factual position under Florida Rule of Civil Procedure 1.510(c)(1).

Disposition

affirmed