Legal Memorandum: Appropriateness of Summary Judgment in FL

Issue: Under Florida law, what is the legal standard applied by a court in determining whether summary judgment is appropriate?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; No genuine issue as to any material fact; Legal standard
Jurisdiction: Florida
Cited Cases: 191 So. 2d 40
Cited Statutes: Fla. R. Civ. P. 1.510(c); Fla. R. Civ. P. 1.510(d)
Date: 05/01/2015

Summary judgment is appropriate “if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”  Fla. R. Civ. P. 1.510(c).  Once the moving party has met its burden, the non-moving party then has the burden to show, through affidavits or other admissible evidence, the existence of any dispute of material fact. Holl v. Talcott, 191 So. 2d 40, 44 (Fla. 1966) (holding once moving party meets its burden, “the burden shifts to the opposing party to show by appropriate means that genuine and material issues do remain to be tried”).  A party may obtain partial summary judgment if the court determines it is not entitled to judgment upon the whole case.  Fla. R. Civ. P. 1.510(d).


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