Question 1

How does summary judgment motion practice work in Florida?

Accepted Answer

FL motion practice: the moving party files: a motion for summary judgment, a memorandum of law (legal arguments), a statement of undisputed material facts (with record citations), and supporting evidence (affidavits, depositions, documents, and admissions). The opposing party files: a response memorandum, a counter-statement of material facts (admitting or denying each fact and citing evidence), and opposing evidence (affidavits and other evidence creating a genuine dispute). The court: holds an oral hearing, reviews the record, and issues a written order granting or denying the motion.

Question 2

What evidence can be used to support or oppose summary judgment in Florida?

Accepted Answer

Evidence: affidavits (sworn statements by witnesses with personal knowledge; must be based on admissible evidence, not hearsay), depositions (sworn testimony from prior depositions), interrogatory answers (responses to written questions), admissions (responses to requests for admission), documents (contracts, correspondence, records, and reports), and expert reports (opinions from qualified experts). The evidence must: be admissible at trial (the court cannot consider hearsay or inadmissible evidence). Self-serving affidavits: may not be sufficient to create a genuine dispute if they contradict prior testimony without explanation.

Question 3

What happens after summary judgment is granted or denied in Florida?

Accepted Answer

After: granted (the court enters judgment; the losing party can: file a motion for rehearing (within 15 days), or appeal to the district court of appeal (within 30 days)). Denied (the case proceeds to trial; the denial is generally not immediately appealable unless it involves a legal issue that qualifies for interlocutory review: e.g., immunity). Partial summary judgment (some issues resolved; the remaining issues proceed to trial; the partial judgment may be appealed after the trial is completed). The summary judgment order: becomes the final judgment if it resolves all claims.

Summary Judgment Motion Practice

Summary Judgment Motion Practice in Florida

Moving Party

Opposing Party

After Decision

Related Terms

Barnes Walker Litigation

Ready to Get Started?