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Maria Gonzalez Fernandez, Appellant, v. Dolphins Cycling Challenge, Inc., etc., et al., Appellees.
Affirmed. See Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022) (explaining that, where the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate an absence of evidence to support the nonmoving party's case. Once the moving party satisfies this burden, “it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists as to an element necessary for the non-movant to prevail at trial”); Ibarra v. Ross Dress for Less, Inc., 350 So. 3d 465, 467 (Fla. 3d DCA 2022) (citing Florida Rule of Civil Procedure 1.510(a) and holding that summary judgment will be granted where the “movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law”); Massage Envy Franchising, LLC v. Doe, 339 So. 3d 481, 484 (Fla. 5th DCA 2022) (“[A] clickwrap agreement occurs when a website directs a purchaser or user to the terms and conditions of the sale and requires the user to click a box to acknowledge that they have read those terms and conditions. These agreements are generally enforceable.”) (citation omitted); see generally Miami Dolphins, Ltd. v. Engwiller, 410 So. 3d 685 (Fla. 3d DCA 2025).
PER CURIAM.
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Docket No: No. 3D24-1801
Decided: September 17, 2025
Court: District Court of Appeal of Florida, Third District.
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