Coleman v. Grandma's Place, Inc.
2011 Fla. App. LEXIS 10184
Fla. Dist. Ct. App.2011Background
- Coleman appeals a final order granting Grandma's Place, Inc. summary judgment.
- The dispute centers on Coleman’s termination and alleged retaliation, with disputed factual grounds.
- Coleman raised HIPAA-violation concerns and alleged improper handling of medical care for a resident.
- Coleman slept in a child’s room during a shift after a hospital visit for a resident; chairs were removed from employee sleeping areas before.
- Two minor vehicle accidents involving the agency van occurred in July 2006; Coleman was terminated July 18, 2006.
- Grandma's Place moved for summary judgment on January 27, 2010; Coleman did not respond or attend the hearing; the trial court granted judgment in favor of Grandma's Place.
- The court retained authority to remand for jury determination where material facts were in dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether material factual disputes preclude summary judgment | Coleman | Grandma's Place | Yes; factual disputes exist, requiring a jury |
| Whether Alvarez’s affidavit complied with rule 1.510(e) | Coleman | Grandma's Place | No; affidavit insufficient but not sole basis for judgment |
| Whether the trial court properly denied rehearing given disputed facts | Coleman | Grandma's Place | Yes; denial of rehearing was improper because material facts remained in dispute |
Key Cases Cited
- Patten v. Winderman, 965 So.2d 1222 (Fla. 4th DCA 2007) (standard for summary judgment review; burden on movant to show no genuine issue)
- Mobley v. Gilbert E. Hirschberg, P.A., 915 So.2d 217 (Fla. 4th DCA 2005) (de novo review; issue of material fact to be decided by jury)
- Moore v. Morris, 475 So.2d 666 (Fla. 1985) (affidavits and admissible evidence required for summary judgment)
- Taylor v. Mem'l Health Sys., Inc., 770 So.2d 752 (Fla. 5th DCA 2000) (existence of factual disputes warrants jury determination)
- Williams v. Henderson, 779 So.2d 450 (Fla. 2d DCA 2000) (insufficient affidavits cannot sole basis for summary judgment)
- Zoda v. Hedden, 596 So.2d 1225 (Fla. 2d DCA 1992) (need to attach certified copies of public records relied upon in affidavits)
- Topping v. Hotel George V, 268 So.2d 388 (Fla. 2d DCA 1972) (employees may have personal knowledge of records; admissibility of file-related testimony)