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What Do Florida Probate Attorneys Need to Know About Filing “Notice” For a Summary Judgment Hearing?

Uncategorized • Aug 16, 2016
post about What Do Florida Probate Attorneys Need to Know About Filing “Notice” For a Summary Judgment Hearing?

When does an adverse party need to notify the moving party of the evidence they will rely on at a summary judgment hearing? Does the adverse party in a Florida trust and estates case have to provide “notice” after the service of a motion for summary judgment? Can the adverse party’s “notice” be at any timeas long as it is done before the summary judgement hearing?

Motion for Summary Judgement

  • What is a motion for summary judgment?
  • A motion for summary judgment is a motion filed by a party seeking to obtain a judgment on an issue, or an entire case, in an expedient manner.
  • Motions for summary judgement can help simplify a trial.
  • As a Florida estate lawyer, you may encounter a motion for summary judgment in your Florida probate, trust, and estate cases.
  • Check out this recent Fourth District Court of Appeal (DCA) case.
  • Although it is not a trust and estates case, it provides valuable information about summary judgment in probate litigation West Palm Beach.

State Farm v. Figler Family Chiropractor

  • In county court, Figler Chiropractic sued State Farm for failing to compensate them fully for personal injury protection benefits.
  • Figler had performed services to a person insured by State Farm.
  • During discovery, State Farm filed an affidavit from a doctor stating that certain portions of the treatment were not “reasonable, related, or medically necessary.”
  • Figler moved for summary judgment on this issue.
  • State Farm did not file any documents to oppose the motion.
  • However, at the summary judgement hearing, they attempted to rely on the doctor’s affidavit that they had summited during discovery.
  • The court found a problem with this and Figler’s motion for summary judgement was granted.
  • The court determined that “State Farm’s filing did not comply with Florida Rule of Civil Procedure 1.510(c).”
  • How did State Farm not comply?
  • The relevant part of Florida Rule of Civil Procesdure 1.510(c) states that “the adverse party shall identify, by notice served pursuant to rule 1.080 at least 5 days prior to the day of a hearing, or deliver no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgement evidence on which the adverse party relies.”
  • During the appeal, State Farm argued that filing a notice in response to the motion for summary judgment was not necessary because they had already filed the evidence during discovery.
  • On the other hand, Figler Chiropractic argued that it did not matter that they had filed the evidence during discover, even though it was before the summary judgment hearing.
  • The 4th DCA concluded that the trial court interpreted the meaning of Florida Rule of Civil Procesdure 1.510(c)correctly and the petition was denied.

What to Remember

  • An adverse party MUST provide notice to the moving party after the motion for summary judgment is filed and by the timeframe stated in Florida Rule of Civil Procedure 1.510(c).
  • But what if I already filed the evidence previously during the case?
  • It doesnt matter! You still have to provide notice.
  • Otherwise, in cases where many affidativs and documents are involved, it could get extremely confusing as to which evidence will be relied upon at a summary judgment hearing.

Want to learn more?

Check out the entire case by clicking here.

Want to know more about Florida probate litigation? Consider these free resources: