Summary judgment has changed in Florida. Knowing the new rule is only part of it. You need to know how an order on summary judgment should be written. What it must say. An August, 2022 opinion helps you understand this. To view a free Legal Video on this very topic from a lawyer who actually handles this interesting legal topic, and similar matters, CLICK HERE.
The Basics
- Summary judgment may indeed be a short cut to victory. It could avoid a trial. (Be sure to read Rule 1.510).
- After all, if there’s no need for a trial, why have one, right?
- SJ can be granted by a judge if there is no disputed issue of MATERIAL FACT.
- If there is a pure question of law, why not just have the judge tell you how she will rule?
- In other words, if the law is clear, you may be entitled to “judgment as a matter of law.”
- This shortcut can save you thousands of dollars in legal fees and months of time litigating.
- Want to read more?
- Update: for a 4th DCA opinion on a defective affidavit when summary judgment was sought, read the Gromann v Avatar case
Recent Case
In April of 2021, the Florida Supreme Court changed the summary judgment rule.
One purpose was to make Florida’s rule more like the federal rule.
With the new standard, it’s not enough for a court to rule.
The court must rule correctly. If not, the ruling can be appealed at the appropriate time. If the order is wrong, the case gets sent back down to the trial court to correct the error.
That’s what happened in a Broward County case that went to the 4th District Court of Appeal.
You can read the opinion by simply clicking THIS LINK.