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:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos: http://www.pankauskilawfirm.com/videos/