FLORIDA TRIAL COURT REVERSED ON FINAL SUMMARY JUDGMENT
How can you win your case without spending money on a full-blown trial?
Go for Florida summary judgment!
Everyone knows that litigation in Florida is expensive. When you can win without a trial, that saves clients lots of money and lots of time. But you have to do it the right way. If you don’t do it the right way, you run the risk that you and up needlessly spending money on attorneys fees and costs that you may not recover.
A recent case from Florida’s Third District Court of Appeals dealt with the issue of summary judgment. Most people involved in Florida litigation know that summary judgment is a judgment in one party’s favor when there are no disputed issues of material fact. Why do you need a trial, when everybody agrees on what the facts are? Why do you need a Florida trial when nothing that’s important is disputed?
If the important, material facts are undisputed, consider filing a motion for summary judgment. It will permit the court to consider granting you a victory right now, without the need for a trial. Here are some important things to know about a summary judgment motion in Florida if you are involved in Florida litigation.
- Summary judgment is one of those legal issues in Florida which is appealed a lot.
- If you prevail on summary judgment, you may end up saving your client a lot of money.
- A motion for summary judgment will probably be met by the other side’s affidavit, claiming that there are disputed issues of material fact.
- If a Florida court believes there are disputed issues of material fact, the Florida court will not grant the motion for summary judgment, but will order a trial be held.
What do you do if the affidavit contradicts prior sworn testimony of the party during a deposition?
This is important: When met with a motion for summary judgment, a party should not be permitted to file their own affidavit to “baldly repudiate“ previous testimony —— previous depositions so as to create an issue for trial. In other words, don’t play games. You can’t run and hide from the facts. An affidavit won’t save you in every case.
When involved with a Florida motion for summary judgment, understand the procedural and other rules which are applicable. You may prevail and avoid the need for a trial. Or, it’s quite possible that you win a summary judgment motion on one or two aspects of the case, but you need a trial on the remaining aspects of the case, or to prove something else. For example, in the inheritance lawsuit setting, or in the probate litigation setting, you may be able to establish, by summary judgment, whether one will or Florida trust is valid or invalid. After that, you may need a trial for damages – – for example, the damage lawsuit of tortious interference with an inheritance.
Finally, recognize that a summary judgment order from a Florida judge is not a “final” order or judgment. After you obtain an order granting you summary judgment, you will need to have a trial on the remaining issues, or, later, get a final judgment for all matters.
FOR ATTORNEYS, LAWYERS AND LITIGATORS
Florida summary judgment motions, both filing them and defending them are a unique, subspecialty of Florida law. Quirky rules found in the Florida Rules of Civil Procedure, guidelines enunciated by Florida appellate courts and the Florida Supreme Court are all very important and must be understood. Finally, experience counts. Knowing how to argue in a particular court and an instinct about disputed facts, or motions for summary judgment, can help your client save time and money. For a copy of this recent appeals court case or for other information about a Florida motion for summary judgment, please email Michelle@pankauskilawfirm.com.