Legal Memorandum: Summary Judgment in FL

Issue: Under Florida law, what is the burden of a party who moves for summary judgment?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; Burden of a party; Absence of any genuine issue of material fact
Jurisdiction: Florida
Cited Cases: 692 So.2d 164
Cited Statutes: None
Date: 09/01/2000

A party moving for summary judgment must conclusively show the absence of any genuine issue of material fact.  Holl v. Talcott, 191 So.2d 40, 43 (Fla. 1966).  The trial court must draw every reasonable inference in favor of the non-moving party.  Id.  If the evidence raises any conflicting issues of material fact, permits different reasonable inferences, or tends to prove the issues, it should be submitted to the jury as a question of fact.  Springtree Properties, Inc. v. Hammond, 692 So.2d 164, 167 (Fla. 1997).


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