If there is any genuine issue of material fact (or if the record shows even the slightest possibility or doubt that an issue might exist), then summary judgment is improper. A party is entitled to summary judgment only if the record – which includes the pleadings, answers to interrogatories, admissions, depositions, and affidavits – show that there is no genuine issue of material fact. The courts have recognized that this is a heavy burden to meet. In other words, the burden is on the moving party to demonstrate that the nonmoving party cannot prevail. The burden is on the party who is moving for summary judgment to prove that there are no triable issues for the trial court. Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rule 1.510 sets forth certain criteria for a party moving or opposing entry of summary judgment – including when a plaintiff or defendant can file a motion for summary judgment and deadlines for filing summary judgment evidence. Rule 1.510 provides that a motion for summary judgment must state the grounds upon which the motion is based with particularity and include the substantial matters of law to be argued. The summary judgment procedure is set forth in Florida Rule of Civil Procedure Rule 1.510. Motions for summary judgment can also seek relief for the entire case – meaning that the whole lawsuit would be resolved without having to conduct a trial. Motions for partial summary judgment can thus help narrow the issues to be decided at trial. Motions for summary judgment can be partial, which means that the motion is attempting to have only one issue, or a set of issues, determined by the trial court instead of the entire case. Contact the Civil Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.Ī plaintiff or defendant can file a motion for summary judgment, which asks that the trial court enter judgment as a matter of law.
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