Re: Florida Motion for Summary Judgement

Posted by John Gliha (68.14.189.138) on February 08, 2004 at 09:54:43:

In Reply to: Florida Motion for Summary Judgement posted by SunnyD on February 07, 2004 at 08:51:37:

This is under Fla.RCP 1.510, Summary Judgment. The moving party must show that there are no genuine issues of material fact that remain in dispute (in other words, nothing worth debating or going to trial over), or that the moving party is entitled to judgment as a matter of law (some legal remedy, contract, statute, etc.) Showing either or will work.

You want to file yours first, and with the correct analysis. But if you are in this situation, you can defeat their motion by filing a simple affidavit in response, that controverts the so-called "undisputed" facts on which their motion is based.

This is also under Rule 56 of the Federal Rules (FRCP 56). It's a very powerful piece of knowledge if you get the chance to use it for yourself. All the states are consistent about how this rule operates.

Remember that the moving party must give twenty days prior to the hearing date, from the date it is filed or served (date of certificate of service) and there must be at least ten days advance notice of the hearing. It's good practice to send them both out together,that way you don't forget and then have your motion denied on procedure (oooh, I hate when that happens).

Best regards,
j.gliha

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