Do you know what summary judgment is? In a recent case of medical malpractice brought by thepersonal representatives of a South Florida estate the hospital won on summary judgmentbecause there was no dispute of material facts. If you want to know what that means you may want to learn more about this medical malpractice case appeal out of the Third District Court of Appeals. If lawsuits are like wine this case has to be a classic its over twelve years old!
Summary Judgment
- Did you request a jury trial in West Palm Beach?
- That does not mean you necessarily will ever see the jury panel.
- Few people realize that life is not like your favorite episode of suits or law & order.
- Before you go to trial be prepared for a lot of motions and discovery.
- Once some discovery has been conducted though you may find that the other side is trying to steal your right to a jury through a motion for summary judgment.
- Are you prepared for a daylong evidentiary hearing that may end up as a mini-trial without live testimony?
- Summary judgment in West Palm Beach probate courts is governed by the Florida Rules of Civil Procedure, specifically Rule 1.510.
Why Don’t I Get a Jury?
- Very few people realize that juries do not decide everything just factual disputes.
- If it is an issue of law then that is going to be decided by the judge.
- When all the facts are not disputed then the other side may ask for summary judgment so that they can save the time of trial.
- Experienced Palm Beach probate litigators know how to frame the issues so that they can avoid summary judgment and get to trial.
- Check out this recent case of medical malpractice where the estate lost on summary judgment.
Wilson & Salmon v. Stone
- The personal representative of an estate in South Florida brought a medical malpractice complaint.
- Ultimately the hospital filed for summary judgment.
- The litigators on the plaintiffs’ side could not get the judge to see the facts in dispute and as a result they lost the right to get to the jury.
- If you are going it alone and have been served with a motion for summary judgment you may have an uphill battle against you.
- Do you know how to prove to the judge that the facts are not as simple as they say they are?
Want to learn more about how to get a summary judgment motion denied in West Palm Beach?
Check out the entire case out of the Third District Court of Appeals in and for Miami-Dade County by clicking here.