Florida Appeals Journal 18: Important Summary Judgment rule changes

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 18.2021

Recorded on February 21, 2021

In December, the Florida Supreme Court considered the state’s summary judgment standard in context with today’s technology, and its ruling has far-reaching effects.

The Florida Supreme Court resolved the issue by amending the summary judgment rule in Florida to comply with the federal standard. Effective in May, Florida will follow the federal standard.

The court said it was persuaded that the federal summary judgment standard “better comports with the text and purpose of Rule 1.510 and that adopting that standard is in the best interest of our state.”

The Rules of Civil Procedure are meant “to secure the just, speedy, and inexpensive determination of every action.” The court said that the rules as written have “unnecessarily failed to contribute to that objective.”

The court found that the federal summary judgment standard is “more rational, more fair, and more consistent with the structure and purpose of our rules of civil procedure.”

However, the court said “we reaffirm the bedrock principle that summary judgment is not a substitute for a trial of disputed fact issues.” This is very important, considering the stricter standard that the court now wants to impose.

The court is allowing for public comment before the rule change goes into effect in May 2021.

CITATIONS
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986)
Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986)
Wilsonart, LLC v. Lopez, --- So.3d ---- (2020)
Florida Rules of Civil Procedure 1.510 SC-2490 December 31, 2020

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The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

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