![]() It can obtain summary judgment by either: (1) proving that the subject of the nonmoving party's burden of proof affirmatively did not happen or (2) that the nonmoving party lacks the evidence to meet its burden of proof. Next, the Court made clear that a moving party that does not bear the burden of persuasion at trial can receive summary judgment without disproving the nonmovant's case. The Court supported its decision by reiterating the key points of its December 31 ruling.įirst, the Court again stated that the summary judgment and directed verdict standard are fundamentally similar – they both come down to whether the evidence presents a sufficient disagreement to require submission to a jury. ![]() In doing so, certain elements of Florida's summary judgment case law, specifically any judicial precedent hindering the use of summary judgment, will be abandoned. The Court expressly acknowledged that this change is meant to attach Florida to the principles established in the Celotex trilogy, primarily that summary judgment is a useful tool of litigation, not a disfavored outcome. Based on that feedback, the Court deemed that fully adopting the text of federal Rule 56 ensured Florida courts' adoption of the standard as intended, provided greater certainty going forward, and offered judges and litigants the large body of case law that has developed interpreting the rule. This ruling comes after the Court received comments and heard oral argument on the scope of the amendment of Florida Rule of Civil Procedure 1.510. ![]() Nearly four months to the day from when the Florida Supreme Court announced the state's adoption of the federal summary judgment standard, the Court went a step further and announced the adoption of the text of the federal summary judgment rule itself. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |