§Why CasetextPricing

Pinson v. Midland Funding LLC et al

MOTION for Summary Judgment

43 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,142 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,254 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,132 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  4. Bedroc Ltd. v. United States

    541 U.S. 176 (2004)   Cited 509 times   1 Legal Analyses
    Holding a court presumes that Congress says in the statute what it means

  5. Cordoba v. Dillard's, Inc.

    419 F.3d 1169 (11th Cir. 2005)   Cited 675 times   2 Legal Analyses
    Holding that a claim "built ... from language in our own opinions" was not frivolous

  6. Earley v. Champion Intern. Corp.

    907 F.2d 1077 (11th Cir. 1990)   Cited 962 times
    Holding a position was eliminated when most of the work was transferred to a computerized inventory control system

  7. Young v. City of Palm Bay

    358 F.3d 859 (11th Cir. 2004)   Cited 422 times
    Holding that the district court did not abuse its discretion by denying a request for a fifth extension to respond to a summary judgment motion and by refusing to consider the untimely responses to defendants' motions for summary judgment

  8. Harvey v. Great Seneca Financial Corp.

    453 F.3d 324 (6th Cir. 2006)   Cited 372 times
    Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action

  9. Jeter v. Credit Bureau, Inc.

    760 F.2d 1168 (11th Cir. 1985)   Cited 436 times   3 Legal Analyses
    Holding that threat of legal action if debt not paid does not harass or abuse the debtor

  10. Levin, Middlebrooks v. U.S. Fire Ins. Co.

    639 So. 2d 606 (Fla. 1994)   Cited 197 times   2 Legal Analyses
    Holding that the litigation privilege applies to conduct during and in relation to "a judicial proceeding" generally without any hint of a geographic limitation

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,637 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,001 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,994 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,924 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  15. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,438 times   67 Legal Analyses
    Setting forth requirements for disputing a debt

  16. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,899 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

  17. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,632 times   51 Legal Analyses
    Regulating communications with consumers

  18. Section 1692b - Acquisition of location information

    15 U.S.C. § 1692b   Cited 369 times   3 Legal Analyses
    Governing the acquisition of location information

  19. Section 559.77 - Civil remedies

    Fla. Stat. § 559.77   Cited 251 times   9 Legal Analyses
    Establishing a two-year statute of limitations for claims under the FCCPA

  20. Section 559.715 - Assignment of consumer debts

    Fla. Stat. § 559.715   Cited 52 times   13 Legal Analyses

    This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. Fla. Stat. § 559.715 s. 1, ch. 89-69; ss.6, 13, ch. 93-275; s.3

  21. Rule 1.420 - DISMISSAL OF ACTIONS

    Fla. R. Civ. P. 1.420   Cited 990 times

    (a) Voluntary Dismissal. (1)By Parties. Except in actions in which property has been seized or is in the custody of the court, an action, a claim, or any part of an action or claim may be dismissed by plaintiff without order of court (A) before trial by serving, or during trial by stating on the record, a notice of dismissal at any time before a hearing on motion for summary judgment, or if none is served or if the motion is denied, before retirement of the jury in a case tried before a jury or before

  22. Rule 1.130 - ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS

    Fla. R. Civ. P. 1.130   Cited 142 times

    (a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents on which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, must be incorporated in or attached to the pleading. No documents shall be unnecessarily annexed as exhibits. The pleadings must contain no unnecessary recitals of deeds, documents, contracts, or other instruments. (b) Part for All Purposes. Any exhibit attached to a pleading