TASK DEFINITION: In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
PROBLEM: summary judgment may be granted only when there are no genuine issues of material fact to be litigated, and the moving party is entitled to judgment as a matter of   law.

SOLUTION: non-overruling

PROBLEM: in fenelon v. state, 594 so.2d 292 (fla. 1992), the supreme court disapproved the giving of the flight instruction on the ground that it constitutes an impermissible comment upon the evidence.

SOLUTION: overruling

PROBLEM: any statements in decisions of the district courts of appeal contrary to the rule announced in this decision are disapproved, e.g., cherry v. hayden, 100 cal.app.2d 416 [ 223 p.2d 878]; popcorn equipment co. v. page, 92 cal.app.2d 448 [ 207 p.2d 647]; olds v. peebler, 66 cal.app.2d 76 [ 151 p.2d 901]; liberty mut. ins. co. v. superior court, 62 cal.app.2d 601 [ 145 p.2d 344]; johnston v. ota, 43 cal.app.2d 94 [ 110 p.2d 507]; estate of fulton, 8 cal.app.2d 423 [ 48 p.2d 120]; plum v. indian valley bank, 118 cal.app. 13 [ 4 p.2d 543].

SOLUTION:
overruling