1. The new summary judgment standard in Florida requires evidence on an issue of fact to be probative enough that a reasonable jury could find in favor of the nonmoving party.
2. The old summary judgment standard in Florida compelled courts to grant summary judgment only if “no genuine issue as to any material fact” remained.
3. The motivation for the change was to allow more cases to be resolved on summary judgment and for parties moving for summary judgment to generally have more success. – The Fifth District Court of Appeals emphasized that credibility determinations and weighing the evidence are typically jury functions, not those of a judge, when ruling on a motion for summary judgment.
– Florida Circuit Courts approved roughly 5% of motions for summary judgment before the adoption of the new standard, and roughly 8% after its adoption.
– The practical effects of the new standard on summary judgment seem to be less pervasive than expected, with only a 3% change in overall approval rates. 1. Parties in Florida now have more time to respond to a motion for summary judgment, with the new rule requiring a response to be served 20 days before a hearing on the motion.
2. Failure to respond to a motion for summary judgment may result in the court considering the facts as undisputed and granting summary final judgment, as seen in the case of Lloyd S. Meisels, P.A. v. Dobrofsky.
3. Appellate courts are more likely to affirm summary judgment findings when the nonmovant violates a procedural requirement, rather than when the trial court grants summary judgment on substantive grounds. 1. Rule 1.150(c)(3) and 1.150(f) allow Florida courts to consider materials beyond those cited in a motion for summary judgment.
2. Courts have the power to grant summary judgment for a nonmovant, grant the motion on unraised grounds, or consider summary judgment on their own.
3. Florida courts rarely dispose of a case on grounds unrelated to the pleadings, due to the adversarial nature of the legal system. 1. Trial courts must state the reasons for granting or denying motions for summary judgment on the record.
2. This requirement allows for easier appeal of the court’s findings on summary judgment.
3. The new rule requires more transparency regarding the court’s decision.
4. The court must provide the basis for its decision with enough specificity to allow for appellate review.
5. Specificity can be provided through a written order or orally at a hearing if transcripts of the proceedings are available.
6. Courts are required to explain themselves in order to protect the integrity of the legal process. 1. Florida’s new summary judgment standard requires “no genuine issue as to any material fact” for summary judgment to be warranted.
2. The substantive change and procedural changes to the Florida summary judgment rules are important, but their practical impacts seem less significant at the moment.
3. Florida litigants are adapting to the new summary judgment rules, and the practical effects of the change to the rule are less impactful than expected.
https://www.jimersonfirm.com/blog/2022/12/year-floridas-new-summary-judgment-standard-practical-effects/
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