sample motion for summary judgment florida

You scramble to put together a persuasive motion in limine to win your case. dismd., 336 So.2d 105 (Fla. 1975). Also, no oral testimony shall be received at the hearing. Prior to May 1, 2021, 1.510 Rules of Civil Procedure stated that a motion for judgment would be granted if there was no genuine issue of material fact. SC20-1490, 2020 WL 7778179, at *1 (Dec. 31, 2020). 09-12516-BKC-AJC Chapter 7 CARLOS JUSTO, Debtor. Like the filing party, the opposing party will submit a statement of facts serving as a roadmap to their evidence which shows that issues of fact remain. 3d 192 (Fla. 2020), Florida became the 39th state to adopt the federal summary judgment standard articulated by the U.S. Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. 1:10-cv-23872 -JLK PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO CERTAIN OF DEFENDANT BANCORPSOUTH BANK'S AFFIRMATIVE DEFENSES AND INCORPORATED MEMORANDUM OF LAW Plaintiff Shane Swift, on . endobj The Florida Supreme Court, acting on its own motion, has amended the Florida Rules of Civil Procedure to adopt the federal summary judgment standard, which "is expected to make it easier for judges to grant summary judgment motions." 1 Summary Judgment is a pre-trial judgment brought by motion that dispositively determines the resolution of a endobj Towards the end of his sentence, Plaintiff was transferred to Dismas, a Contents: 1. Bear in mind that a summary judgment application should not be used as a mini trial of issues. There are several additional, practical factors we would advise you to think about in relation to a summary judgment application. B. On December 31, 2020, the Florida Supreme Court, on its own motion, made a significant change to Florida law by adopting the summary judgment standard applied by federal courts, as described by three 1986 United States Supreme Court decisions: Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. The non-moving party always has an opportunity to respond to the motion for summary judgment. In this document, the party being asked to respond to the motion will discuss each argument presented in the motion for summary judgment. Unless you're well versed in Florida law, it can be quite challenging to fully understand what a Florida motion for summary judgment is and how it works. The standard of review applicable on a motion for summary judgment such as the one presented by the Plaintiff is now well settled. 5. 1:09-MD-02036-JLK IN RE: CHECKING ACCOUNT OVERDRAFT LITIGATION MDL No. A party may move for summary judgment before the discovery phase of a case. While the Florida caselaw is not entirely uniform, a leading treatise characterizes the Florida standard this way: [T]he existence of any competent evidence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the slightest doubt is raised. Bruce J. Berman & Peter D. Webster, Bermans Florida Civil Procedure 1.510:5 (2020 ed.). 1 0 obj This will prevent the party from further arguing the issue in question. The party being asked to respond to the motion will have an opportunity to argue that the other party has not met the necessary requirements. : 13-36012-ca laurence carroll, a married civil division: 01 couple, plaintiffs, v. miami shores village, florida and miami shores code enforcement board, defendants. Further, whether an alternative. Usually, if DNA is disputed by the mother, she has to get someone else declared the father. By accepting, you agree to the updated privacy policy. Negligence Cases & Florida Rules of Civil Procedure Summary Judgment. They will then provide a legal argument for why the final judgment should be amended. 2019). Diversity. % 7 0 obj If given this opportunity, we will be able to prepare the legal document within the shortest time possible. This can significantly shorten the length of a case, as additional evidence can often be used to show that a particular fact exists or doesn't exist. 9 0 obj This will also enable the party to argue the strength of their case better, as they will have the opportunity to highlight the different arguments they have made. cls? This will provide the party with the opportunity to explain why they believe the final judgment should be amended. Sample Motion for Summary Judgment Below is a defendant's motion for summary judgment in a case we handled in West Virginia a few years back. 2000). 1.510., No. Further, the admissions, pleadings, stipulations and affidavits of the parties, and authenticated or certified public record should be filed in time for the hearing. Standard: The court may grant the motion if the allegations in the Factual statements in a motion for summary judgment shall be supported by specific citations to the summary judgment evidence and other supporting papers. In the Florida Supreme Courts April 29, 2021, Order, it stated In the broadest sense, those cases stand for the proposition that [s]ummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of rules aimed at the just, speedy and inexpensive determination of every action.. Although Petitioners contend that the district court's . 29, 2021)(citing Bedford v. Doe, 880 F.3d 993, 996-97 (8th Cir. We can provide you with the necessary legal guidance when it comes to a motion for summary judgment in Florida. During this phase, the parties will present their closing arguments and then wait for the judge to issue a final ruling. The moving party will argue why the case should be dismissed, and then they'll provide any additional evidence that supports their argument. Amended by 292 So. Motion For Summary Judgment. The Following are topics the Florida Supreme Court discussed regarding the new summary judgment standard: The burden of production refers to the quantum of evidence required in order to either negate an essential element of the nonmovants claim or establish that the nonmoving party cannot carry its ultimate burden of persuasion at trial. The party responding to the motion will need to prove that the plaintiff's allegations are false. They then argue that the law allows them to get a judgment . A case can be disposed of prior to trial when there is no evidence for the claims alleged or when there is no issue of material fact, and the movant is entitled to judgement as a matter of law. CASE NO. Make your practice more effective and efficient with Casetexts legal research suite. Opposing affidavits must be made on personal knowledge, set out facts that would be admissible in evidence, and must show that the affiant or declarant is competent to testify on the matters stated therein. However, a party can renew its MSJ under the new rule. Responding to and opposing a motion for summary judgment. Application of the Amended Rule To Pending Cases:Amended rule 1.510 takes effect on May 1, 2021. Don't go into a lawsuit without understanding all of your legal rights and obligations. Florida judges for many years have given rule 1.510 a broad interpretation regarding what was a genuine issue. In its Motion for Final Summary Judgment, State Farm cites numerous cases from the United States District Courts for the Middle and Southern Districts of Florida as supporting its Ledezma Law Firm. Pro. . Contact Cueto Law Grouptoday for a consultation. xcqEy hcKl6d?2y"% BEFORE ME, this date personally appeared the undersigned, who after No express deadline has been set for filing a reply. Florida Georgia . A motion for summary judgment under Florida law is a document that's ultimately used to bring a case to a close or move it forward within the legal system. Motion for Summary Judgment James Bopp, Jr., Bar #CO 0041 jboppjr@aol.com Richard E. Coleson* rcoleson@bopplaw.com Corrine L. Purvis* cpurvis@bopplaw.com THE BOPP LAW FIRM, PC 1 South Sixth Street Terre Haute, IN 47807-3510 812/232-2434 telephone 812/235-3685 facsimile Counsel for Plaintiffs *Admitted Pro Hac Vice Plaintiffs' Summary-Judgment . Subdivision (c) has been amended to ensure that the moving party and the adverse party are each given advance notice of and, where appropriate, copies of the evidentiary material on which the other party relies in connection with a summary judgment motion. The second is a memorandum that explains why the court should rule in the non-moving partys favor. This means that, according to Federal Rule 56. According to Rule 166a, a motion for summary judgment should be filed and served no less than 21 days before the hearing. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . Contents of a motion of summary judgment include the motion which is a written request for the court to rule in the favor of the movant. The Motion for Summary Judgment is governed by Federal Rule of Civil Procedure 56. 3d 192, 192 (Fla. 2020). While the format may be the same, the purpose of each motion for summary judgment is unique. Rule 56. Essentially, the summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated inCelotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); andMatsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the Celotextrilogy)].In re Amends. Rule 1.540 - RELIEF FROM JUDGMENT, DECREES, OR ORDERS. 1999). He assures you that the complaint's factual allegations are demonstrably false and tells you that he wants to move for summary judgment as soon as possible. broward bulldog, inc. and . In Re: Amendments to Florida Rule of Civil Procedure 1.510, No. showing that the materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot produce admissible evidence to support the fact. you should consult an attorney as needed. Rule 1.510 is typically used with the goal to move a case forward within the legal system, and the end goal is to get a ruling on a particular issue. _____/ CASE NO. .scid-1 img This amount of time varies by state, but is usually around 21 days. A motion for summary judgment in a civil case is a motion to essentially dismiss the case. We've updated our privacy policy. Yes, you can file multiple motions for summary judgment in Florida. Although the evidence attached to a summary judgement motion is no longer specifically defined in the rule, it still includes, depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials as would be admissible in evidence. 12 0 obj Summary judgments are more likely to win if they tell a compelling, persuasive story and include a clear analysis of the facts supporting that story. The day before the hearing, the Plaintiffs moved to continue the trial. This is called a response or an opposition motion. The non-moving party only has a certain amount of time to file a response. Fla. R. Civ. A motion to dismiss is used when a party tries to get a case thrown out. A Motion for Summary Judgment can be filed by any party (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial. 174), in response to which Defendant Universal Processing Services of Wisconsin, LLC ("UPS") filed a Memorandum in Opposition (Doc. Motion for Summary Judgment by Kanawha Stone containing the deposition and re Defendants motion to strike plaintiffs response to defendants reply brief i Order Granting Addition Of Susan Brown As Defendant, Memo In Support Of Motion To Amend And Add Defendants, Motion for Leave To Amend And Add Known Jane Does, Brown Opposition To Plaintiff Motion To Amend Complaint. An experienced attorney will be able to tell you if a motion for summary judgment is appropriate in your case. 501.201 et seq., (2) California Business and Professions Code 17200 et seq., (3) New York Western District of Washington. Q9/^uls|wi*mw~z/^s^ Skip to content Toll Free: (352) 505-8900 Florida Motion For Summary Judgment Sample Form Rating 4.71 Satisfied (345) Fl Judgment Form Popularity Fl Summary Judgment Other Form Names Fl Summary Judgment Florida Fl Motion Template Florida Motion Summary Judgment Fl Motion Form Fl Motion Judgment Fl Motion File Florida Motion Summary Fl Motion Contract FAQ If you want to avoid your case being allocated to a particular track prior to a summary judgment. To do so, you must file a notice of appeal. "bsMqHaX4mbv s4!aRDJNzU}k4uq1&v)U>bd?oUt_|/oOg$A> AMm}N-l ;_8|"fw\oA6ENMo954R#CZum"vj1bP.;bj;+?~`%4. Now, the burden on summary judgment lies with the party that has the burden at trial. final judgment - damages . This is an excellent way for parties to avoid the costs and delays of discovery, especially when they are confident that they have a strong case. (a) Motion for Summary Judgment or Partial Summary Judgment. A party can file multiple motions for summary judgment. Further, that except on leave of court, with notice to opposing counsel. This means that the party won't have to prove without a shadow of a doubt the existence of a particular fact in order to move the case forward. Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON. 8:17-cv-2896-T-02AAS PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO EXCLUDE CERTAIN OPINIONS OF DEFENDANT'S EXPERT AND INCORPORATED MEMORANDUM OF LAW Plaintiffs ROBERT L. VAZZO . A summary judgment disposes of the entire case. Be concise when youre preparing the evidence in support of your application. 18 0 obj Use as many pages as Review defendant's motion paragraph by paragraph. Either way, the movant must prove two things to be successful: Instead, it simply requires proof that the other party doesn't have enough evidence to prove their case. to Florida Statutes 624.155 are a "determination" of liability and the extent of the damages. Plaintiff pled guilty to charges of conspiring to illegally export military Seeing how other practitioners have approached a motion for summary judgment in a given practice area can be invaluable. On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard. 2021 Amendment. "halfway house," on July 28, 2010 until his release date of January 31, 2011. Further, there must not be real and genuine issues of fact that ought to be resolved at a trial. A motion for partial summary judgment only attacks some of the issues in a case, meaning that the entire case will not end once the motion is decided. The party moving for summary judgment is often in a stronger position to do this, as they have already gathered a large amount of evidence in their favor. The court classified this as a critical requirement, and explained that, in order to comply, a trial court must do more than make a conclusory statement that there is or is not a genuine dispute as to material fact. Time to Respond to Motion Summary for Judgment. This means that the legal requirements for each motion can also be different. endobj endobj <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[19 0 R]/Type/Page>> Motion for Summary Judgment (Doc. Artificial intelligence - the futuristic world, Meeting 2. The trial court Like the original motion, the non-moving partys response typically consists of two parts. The Florida summary judgment standard was then compared to the Federal Rule, which doesn't require a motion for summary judgment based on proof. <> Both scenarios use a similar format, but they have different goals. Instead of using a motion for summary judgment that includes all of the facts, a party may choose to file multiple motions for summary judgment, each of which addresses a particular fact. By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. II. I serve as the Director for Dismas Charities, Hollywood, Florida location. endobj Summary: A motion for summary judgment is a written request to dismiss part or an entire lawsuit without a trial. A brief in opposition to the motion for summary judgment; and 3. Instead, the judge will issue a ruling as to whether or not the evidence presented by the plaintiff is sufficient to support their claim. This is often referred to as a negligence claim. The provision also provides that a judgement for summary judgment shall be rendered if the deposition transcripts, interrogatory answers, and other discovery responses references or set forth in the motion or response. endstream 2 The Perks of Technology in Communication.pdf, INDT Tokens Pegged to the British Pound Sterling, Solidity: Zero to Hero Corporate Training, No public clipboards found for this slide, Enjoy access to millions of presentations, documents, ebooks, audiobooks, magazines, and more. Often a complex case with many claims can be reduced to just a handful of claims when the other side has fired multiple volleys of summary judgment. P. 1.540. . <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[26 0 R]/Type/Page>> If the claim is strong and evidence solid, and if the defendant fails to provide evidence to refute the plaintiffs claims, the motion may be granted as long as adequate time for discovery has been provided. These include the motion which entails a written request for the court to rule in the non-moving partys favor. 2008). The purpose of motion for summary judgment hearing. This allows the party to argue various lines of reasoning and provides the judge with the opportunity to consider one. Response to a motion for summary judgment. { Final Points: Florida Rules of Civil Procedure Motion for Summary Judgment, motion to dismiss vs motion for summary judgment, The Benefits of Proactive Legal Strategies Over Reactive Ones | Legal Department Solutions, citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or. At the hearing, each party will be given a certain amount of time to reiterate their argument in front of the judge. A motion to strike a sham pleading is governed by Florida Rule of Civil Procedure 1.150. The Summary Judgment Standard. After the Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice is downloaded you may fill out, print out and sign it in almost any editor or by hand. If you need legal advice regarding a Florida motion for summary judgment, then the legal team at Cueto Law Group is ready to assist. According to the American Supreme Court, a motion for summary judgment is appropriate if reasonable people agree with the conclusion based on the evidence of the case. This means that, instead of waiting for the other party to provide a response to the lawsuit, the party may move the case forward by presenting the necessary evidence. to Fla. Rule of Civ. All motions shall: (1) state with particularity the grounds for the motion; (2) cite any statute or rule of procedure relied upon; and (3) state the relief sought. However, the new summary judgment standard now says a motion such as this will be granted if the movant shows that there is no genuine dispute as to any material fact. Motions for summary judgment can also seek relief for the entire case - meaning that the whole lawsuit would be resolved without having to conduct a trial. P. 1.510 (c) (4) (amended eff 5/1/21). southern district of florida fort lauderdale division eloy rojas mamani, et al., plaintiffs, v. gonzalo daniel snchez de . Looks like youve clipped this slide to already. The SlideShare family just got bigger. In the past, the Florida Rule of Civil Procedure 1.510 was considered very stringent. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing. R. Civ. being first duly sworn hereby state, as follows: 5 0 obj The rule is amended to adopt almost all the text of Federal Rule of Civil Procedure 56. 13 0 obj Challenge the sufficiency of the complaint on its face. This is a much simpler standard that many courts across the United States have employed. For example, if the plaintiff files a motion for summary judgment, they ask the judge to rule in their favor. Business Law Section of the Florida Bar | Hosting & Maintenance by, Electronic Discovery & Digital Evidence Committee, State & Federal Court Judicial Liaison Committee, CTL Committee work on proposed legislation, Corporations, Securities & Financial Services Committee, Guidance for Business Owners Impacted by COVID19, Antitrust & Trade Regulation Subcommittee, Chapter 617 Task Force (Corporations Not For Profit Statute), Proposed Amendments to Florida Rules of Civil Procedure Task Force, Restrictive Covenant (542.335) Task Force, Uniform Commercial Real Estate Receivership Act Task Force, Uniform Voidable Transactions Act Task Force. If the motion is granted, a decision is made on the claims involved without holding a trial . endobj We've encountered a problem, please try again. 6. Ensure that you comply with any relevant pre-action protocol. A party may move for summary judgment, ident ifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought. "Florida Rule of Civil Procedure 1.530 has been consistently construed to authorize rehearings of orders and judgments which are final in nature." (See Deal v. Deal (2001) 783 So.2d 319, 321.) How to start a motion for summary judgement. On the other hand, the defendant may file a motion for summary judgment to get the case dismissed. Effective May 1, 2021, pursuant to In re Amendments to Florida Rule of Civil Procedure 1.510, 309 So. In a legal dispute, motions are used to bring a case to a certain conclusion. All rights reserved. 37 Where Once this is the case, the party will then have the opportunity to explain their position to the judge. Once he tenders competent evidence to support his motion, the opposing party must come This can be beneficial for various reasons, such as when a party has identified numerous facts that support their argument. <> Tex. Amended rule 1.510 now provides that a motion for summary judgment must be filedat least 40 days before the time fixed for a hearing. A motion asking the court to issue summary judgment on at least one claim . 3d 660, effective 1/1/2020; amended . P. 1.540. Outside of those limited circumstances, motions for summary judgments are fairly rare in family law cases. This is often used when there isn't enough proof to continue with a case. A motion for summary judgment hearing is held to determine whether the party seeking summary judgment has met its burden. Ms. Macelloni represents businesses and business owners in state and federal courts throughout the country and in various practice areas including corporate disputes, asset recovery, secured transactions, factoring and other UCC-related disputes. Thus, the entry of summary judgment is appropriate "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. This field is for validation purposes and should be left unchanged. If the parties cannot settle their case, the case will move to the next phase. 5. <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[24 0 R]/Type/Page>> If the allegations have been misinterpreted, you will need to provide additional facts that support their argument. Rule 166a (d) concerns appendices, references and other use of discovery not otherwise on file. In these cases, a motion for summary judgement is brought to have the court order or declare that the father is, indeed, the father. FL. endobj As a result of the Plaintiffs health issues, Plaintiff was released to home Any response to the motion for summary judgment is due no less than 7 days before the hearing. <>stream in the county court, in and for confinement and was required to report back to Dismas every Wednesday. Now, its essential to understand that there is a difference between amotion to dismiss vs motion for summary judgment. If the father is disputing the DNA, he probably has something mentally wrong with him or a serious need to try to avoid child support at all costs. under any disabilities. Any response to the motion for summary judgment is due no less than 7 days before the hearing. The judge will then decide whether or not to amend the final judgment. There is little point in trying to second guess what the other side will say in response. Rule 1.510 provides that a trial courtshallstate on the record its reasons for granting or denying summary judgment. ATTORNEYS FEES FOR BAD FAITH AFFIDAVITS. Florida's Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be supported by competent evidence, and an affidavit that does little more than mimic the motion for summary judgment will not It's too late. Case Filed Jan 12, 2021 Case Status Open County Palm Beach County, FL Filed Date Jan 22, 2061 Type Assn Lien Foreclosure = < $50K MOTION MOTION FOR LEAVE TO AMEND THIER ANSWER AND AFFIRMATIVE DEFENSES Case Name A AFFORDABLE PLUMBING SERVICE INC V BELLE HARBOUR PROPERTIES LLC Case # 50-2020-CA-007318-XXXX-MB Case Filed Jul 13, 2020 Case Status Open A response to motion for summary judgment is a formal response to the motion filed by the party moving for summary judgment. Remember, its not a procedure designed when complex legal or factual issues are involved. Sometimes the judge will require additional time to make a decision and the parties will be notified days or weeks later. IN THE UNITED STATES DISTRICT COURT FOR In your own separately numbered paragraphs, state the facts, providing dates. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. 3d at 196. PDF-XChange 3.60.0119 (Windows XP); modified using iTextSharp 4.1.6 by 1T3XTDistrict Court, Colorado,Judges,Judge Krieger This will provide you with the opportunity to file an appellate brief. <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[28 0 R]/Type/Page>> stream This means that the judge will rule that the plaintiff is entitled to certain things such as money or property. 14 0 obj Activate your 30 day free trialto unlock unlimited reading. <> The new rule requires judges to make explicit findings for both an award and a denial of an MSJ. Summary Judgment Standard . The court also advised appellate courts not to disregard the evidence supporting the motion, also adding that although a reviewing court must consider all the summary judgment evidence on file, in some cases that review will effectively be restricted to the evidence contrary to the motion. City of Keller v. Wilson, 168 S.W.3d 816, 824-8. A response to the moving party's proposed finding of fact; and 2. }, by Jocelyne A. Macelloni, Barakat + Bossa. Free access to premium services like Tuneln, Mubi and more. Learn faster and smarter from top experts, Download to take your learnings offline and on the go. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 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.

sample motion for summary judgment florida 2023