by Jocelyne A. Macelloni, Barakat + Bossa
On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard. For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. The following overview provides 10 major changes that every busy practitioner should know about.
1. BURDEN – DIRECTED VERDICT STANDARD.
2. TIMING.
3. EFFECT ON PENDING CASES.
4. WEIGHING THE EVIDENCE
5. MATERIAL FACTS IN DISPUTE.
6. EVIDENCE MUST BE ADMISSIBLE AT TRIAL.
7. COMPLETION OF DISCOVERY.
8. JUDGE’S FINDINGS.
9. ATTORNEY’S FEES FOR BAD FAITH AFFIDAVITS.
10. FEDERAL SUMMARY JUDGMENT CASE LAW.
Jocelyne Macelloni is a partner at the Coral Gables law firm of Barakat + Bossa and an adjunct professor of law at Nova Southeastern University Shepard Broad College of Law. Ms. Macelloni represents businesses and business owners in state and federal courts throughout the country and in various practice areas including corporate disputes, asset recovery, secured transactions, factoring and other UCC-related disputes. Ms. Macelloni can be reached at jmacelloni@b2b.legal or (305) 444-3114.
1 In re: Amendments to Fla. Rule of Civil Proc. 1.510., No. SC20-1490, 2021 Fla. LEXIS 682, at *10 (Apr. 29, 2021)(citing Bedford v. Doe, 880 F.3d 993, 996-97 (8th Cir. 2018)).
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