Florida Lawsuits and Summary Judgment

Who’s got the burden and affidavits to support that burden? You know, in Florida you can try to avoid a trial if there’s no genuine issue of material fact. You can go in as a matter of law and ask the judge to rule right there.

Who has the burden? While the moving party initially has the burden and they can meet that through the use of some affidavits. However, the non-moving party now has the burden that come forward with countervailing affidavits that has to demonstrate that there are genuine issues of material fact.

Affidavits are really, really important in summary judgment, motions and hearings. Everybody who is involved in a trust contest or a guardianship or an estate contest knows that, because many times you have legal issues that can be decided without a trial.

But, do you know how to use affidavits properly and do you know who has the burden at what particular time? And do the affidavits really create a genuine issue of a material fact or do they not?

So, read more about Summary Judgment in a non-probate case, Keys Country Resort LLC versus 1733 Overseas Highway, LLC. Thats an April 10th, 2019 opinion from Florida’s Third District Court of Appeal.