Florida Supreme Court Changes to Summary Judgment: What it Means for Businesses

– The Florida Supreme Court changed Florida’s summary judgment standard on December 31, 2020.
– The amendment to Florida Rule of Civil Procedure 1.510 adopted the federal standard for summary judgment.
– The change arose from the case Lopez v. Wilsonart, LLC, involving a fatal car accident.
– The old rule compelled courts to grant summary judgment if no genuine issue as to any material fact remained.
– The amendment abandoned Florida’s interpretation of what constitutes a “genuine issue of material fact” in favor of the more lenient federal interpretation. 1. Before the amendment, Florida’s summary judgment standard required courts to consider the entire record and give equal weight to all types of evidence.
2. The previous standard allowed for any type of evidence, regardless of reliability, to be used to oppose a motion for summary judgment.
3. The decision to adopt the federal summary judgment standard was based on the purpose of Florida’s Rules of Civil Procedure and U.S. Supreme Court opinions.
4. The federal standard requires evidence that is probative enough for a reasonable jury to find in favor of the nonmoving party.
5. Under the federal standard, certain types of evidence are considered more probative and reliable than others.
6. The federal standard also allows for the weighing of evidence to determine its significance rather than speculation. – Florida Supreme Court has amended Rule 1.510, meaning lawsuits may end in summary judgment more frequently for businesses.
– Businesses acting as moving parties may be in a more favorable position under the new standard.
– Certain types of evidence, such as video evidence, may be given more weight under the new summary judgment standard.
– Businesses may need to rethink their litigation strategies when making or responding to a motion for summary judgment.
– Using technology to capture reliable evidence before litigation begins will help businesses adapt to the new standard.
– Florida courts will be more favorable to granting summary judgment beginning May 1, 2021.
– Florida businesses should be aware of the amended standard for summary judgment and its effect on litigation strategy.

https://www.jimersonfirm.com/blog/2021/03/florida-summary-judgment/