قالب وردپرس درنا توس
Home / Insurance / Florida Motion for Summary Judgment Standard Update | Legal insurance blog for property insurance

Florida Motion for Summary Judgment Standard Update | Legal insurance blog for property insurance



As of May 1, 2021, the Florida courts will begin to use another standard to evaluate draft summary judgment. The Florida Supreme Court has, on its own initiative, amended the Florida Civil Procedure Code to adopt the federal summary judgment standard, which "is expected to make it easier for judges to grant summary judgment proposals." 1 Summary judgment is a judgment before a trial that is brought by a decision that decisively determines the solution to a case. 2

Note that most states use the federal summary standard, and this feature of Florida's Supreme Court "aligns [s] Florida's summary standard with the federal courts and the supremacy of states that have already adopted the federal summary standard. " 3

Florida Rule 1

.510 (c) on summary judgment requires a demonstration" that there is no real question of any substantive fact and that the party concerned is entitled to a judgment under law. The Federal Rule of Civil Procedure 56 (a) states that "if the variable shows that there is no real dispute about any material fact and the variable is entitled to a judgment under law." Despite relatively similar language, Florida courts and federal courts have not adapted to the application. In their opinion, the Florida Supreme Court found that after inviting briefs on the summary judgment issue in Wilsonart, LLC, et al. v. Miguel Lopez 4 it is:

convinced that the federal summary court better conforms to the text and purpose of rule 1.510 and that it is in our best interest to adopt that standard state. As we said at the beginning, our rules of civil procedure are intended to "ensure fair, prompt and inexpensive determination of every action." Nevertheless, the Florida Court's interpretation of our summary judgment has not unnecessarily contributed to this case. Overall, and especially with respect to each of the key areas described above, the federal summary assessment standard is more rational, more equitable, and more consistent with the structure and purpose of our civil procedure rules. 5

The Florida Supreme Court noted three consequences of this deviation from the federal standard: (1) courts do not currently recognize the similarity between a summary judgment and a directed decision, which exists in federal court; (2) according to Holl v. Talcott 6 the person concerned must "definitively" refute the non-movement's theory of the case in order to eliminate all factual issues "; and (3) courts use an expansive interpretation of what The first and third consequences reinforce the desire for coherence between and between courts, but the second consequence concerning Holl will have the most significant effect on the analysis of draft summary judgments.

Removing this additional step of definitively disproving the opposite theory in the case, would make it easier to succeed with summary judgments; May 1, 2021.
_______________________________________________________
1 Gary Blankenship, The Court amends the State's Summary Court Regulations electricity to Federal Standard THE FLORIDA BAR (05 Jan 2021), https://www.floridabar.org/the-florida-bar-news/court-amends-state-summary-judgment-rule-to-federal- standard /
2 Summary The judgment may also be partial, which dispositionally determines, by law, a specific part of the case.
3 Supreme Court of Florida Or. SC20-1490 (December 31, 2020), https://www.floridasupremecourt.org/content/download/698378/opinion/sc20-1490.pdf.
4 Wilsonart, LLC, et al. v. Miguel Lopez 308 So.3d 961 (Fla. 2020).
5 Supreme Court of Florida Or. SC20-1490 (December 31, 2020), https://www.floridasupremecourt.org/content/download/698378/opinion/sc20-1490.pdf, with reference to Fla. R. Civ. S. 1.010.
6 Holl v. Talcott 191 So. 2d 40 (Fla. 1966).


Source link