![]() ![]() ![]() There are also certain considerations which apply when the plaintiff moves for summary judgment. If the evidence allows for differing inferences by the trial court, then the case should go to trial. Otherwise, the nonmoving party will generally argue that there are material facts in dispute which will need to be determined at trial in order to prevent entry of summary judgment.įurther, every possible inference must be construed in favor of the nonmoving party. This means that if a movant fails to establish the nonexistence of material issues with competent evidence, the nonmoving party does not even need to set forth any evidence in opposition to the motion for summary judgment. Until the moving party meets this burden of proving the absence of a genuine issue of material fact, the nonmoving party is under no obligation to show that there are issues that need to be tried by the trial court. If there is any genuine issue of material fact (or if the record shows even the slightest possibility or doubt that an issue might exist), then summary judgment is improper. A party is entitled to summary judgment only if the record – which includes the pleadings, answers to interrogatories, admissions, depositions, and affidavits – show that there is no genuine issue of material fact. The courts have recognized that this is a heavy burden to meet. In other words, the burden is on the moving party to demonstrate that the nonmoving party cannot prevail. The burden is on the party who is moving for summary judgment to prove that there are no triable issues for the trial court. Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rule 1.510 sets forth certain criteria for a party moving or opposing entry of summary judgment – including when a plaintiff or defendant can file a motion for summary judgment and deadlines for filing summary judgment evidence. Rule 1.510 provides that a motion for summary judgment must state the grounds upon which the motion is based with particularity and include the substantial matters of law to be argued. The summary judgment procedure is set forth in Florida Rule of Civil Procedure Rule 1.510. 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. Motions for partial summary judgment can thus help narrow the issues to be decided at trial. Motions for summary judgment can be partial, which means that the motion is attempting to have only one issue, or a set of issues, determined by the trial court instead of the entire case. Contact the Civil Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.Ī plaintiff or defendant can file a motion for summary judgment, which asks that the trial court enter judgment as a matter of law.Your use of this site does not create an attorney-client relationship with us, and we ask that you not send us any confidential information, by email or otherwise, without first obtaining the consent of one of our attorneys. Our publications' mailing or digital distribution is not intended to create, and receipt of them does not constitute an attorney-client relationship. Please use the "Contact Us" form on this website to request reprint permission for any of our publications. Lamont may not be quoted or referred to without our prior written consent. Publications from the Law Offices of Peter J. Nothing on our website should be construed as legal advice for any specific situation or circumstance. ![]() Lamont, is not legal advice and is intended for general information. The material on this site, including publications from the Law Offices of Peter J. Lamont for the convenience of visitors to our site. This website provides general information about the Law Offices of Peter J. ![]()
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