News

Florida Supreme Court Adopts Federal Summary Judgment Standard

On April 29, 2021, the Florida Supreme Court decided that Florida will now follow the federal summary judgment standard and adopt the text of the federal summary judgment rule as opposed to crafting a new Florida-specific rule. However, the court did make one minor change, which includes that a court “shall,” as opposed to the federal rule of “should,” state on the record its reasons for denying or granting a summary judgment motion.

The summary judgment standard will assist legal practitioners in understanding the basis relied upon by the court in rendering its decision. It should also result in a more detailed and concise order that will assist the appellate courts. The new rule is expected to make it easier for judges to grant summary judgment motions.

The new rule states that a summary judgment motion must be filed at least 40 days from the hearing date, and the response must be filed at least 20 days before the hearing. The rule takes effect beginning on May 1, 2021.

The full opinion in Re: Amendments to Florida Rule of Civil Procedure 1.510, Case No. SC20-1490, can be viewed here.

If you have any questions about the ruling, its impacts, or other legal matters, please contact me.

Published by
John M. Frazier Jr.

Recent Posts

Common Divorce Pitfalls: What to Watch For and How to Protect Yourself

At Widerman Malek, our team has helped numerous clients manage the complexities of divorce in…

1 day ago

The Importance of Proper Inventorship in Patents

In the world of intellectual property, inventorship is a critical and often misunderstood concept. Determining…

1 week ago

The Unique Value of Mediation in Business Disputes

When it comes to resolving business disputes, mediation offers a uniquely effective approach that goes…

2 weeks ago

Widerman Malek Honors JA’s 2025 Laureates Reception

Widerman Malek is excited to sponsor the Junior Achievement of the Space Coast Business Hall…

2 weeks ago
Alert: Beneficial Ownership Information Reporting Deadlines Extended – March 21, 2025, Deadline AnnouncedAlert: Beneficial Ownership Information Reporting Deadlines Extended – March 21, 2025, Deadline Announced

Alert: Beneficial Ownership Information Reporting Deadlines Extended – March 21, 2025, Deadline Announced

Beneficial Ownership Information (BOI) reporting under the Corporate Transparency Act (CTA) is back in effect…

3 weeks ago
Attorney Jeff Smith Joins Widerman Malek’s Celebration Office, Expanding Family Law and Business Litigation ServicesAttorney Jeff Smith Joins Widerman Malek’s Celebration Office, Expanding Family Law and Business Litigation Services

Attorney Jeff Smith Joins Widerman Malek’s Celebration Office, Expanding Family Law and Business Litigation Services

We are excited to welcome attorney Jeff Smith to the firm’s Celebration office. Bringing over…

1 month ago