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Summary Judgment Florida

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

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The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Faegre Drinker Biddle & Reath LLP

Upcoming Changes to Florida’s Civil Procedure Rules: What Litigators and their Clients Need to Know

Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more

Baker Donelson

Big Changes to the Florida Rules of Civil Procedure: Here's What You Need To Know

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The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510 (Summary Judgment) and adopted the new Florida Rule of Civil Procedure 1.202 (Conferral Prior to Filing Motions) on Wednesday, May...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Jenner & Block

“Must’ve Never Met Her”: Luke Combs & Personal Service Under Illinois Law

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On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

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In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule.  See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more

Marshall Dennehey

Third District Court of Appeals Affirms Trial Court’s Decision Allowing a Fully Completed and Executed CMS Form 1500 to Serve as...

Marshall Dennehey on

Mercury Indem. Co. of Am. v. Pan Am Diagnostic of Orlando, No. 3D22-161, 2023 WL 3855482 (Fla. 3d DCA Jun. 7, 2023) - This appeal involved a suit for the payment of personal injury protection (PIP) benefits. The insured...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

Rumberger | Kirk

Appellate Courts Applying  Florida’s “New” Summary Judgment Standard: Takeaways and Practice Pitfalls

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Just about two years ago, the Florida Supreme Court essentially adopted the federal summary judgment standard.  This was a major change for Florida, given that movants no longer had to disprove the other side’s case...more

White and Williams LLP

Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone

In United States Aviation Underwriters v. Turnberry Airport Holdings, LLC, No. 3D22-270, 2023 Fla. App. LEXIS 1207 (U.S. Aviation), the Court of Appeal of Florida, Third District (Appellate Court) considered whether the...more

Rumberger | Kirk

Florida Product Liability Law: 4th DCA Affirms Summary Judgment with Key Holdings for Manufacturers

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On June 15, 2022, the Fourth DCA issued its opinion in Michael Grieco v. Daiho Sangyo., Inc., AW Distributing, Inc., and Wal-Mart Stores East, LP affirming entry of summary judgment in favor of the manufacturer, distributor...more

Fuerst Ittleman David & Joseph

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

White and Williams LLP

Florida Court Holds Ignorance Is No Defense in Case of Late Notice to Insurer

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It’s common knowledge that a lawsuit must be timely reported to an insurer. But what exactly constitutes timely notice? The United States Court for the Middle District of Florida recently examined this question in National...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative...

On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more

Rumberger | Kirk

RumbergerKirk Wins Another Summary Judgment for Carrier in Limited Water Damage Endorsement Case

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Given the rise of cast iron pipe lawsuits in the state of Florida, RumbergerKirk’s recent summary judgment victory upholding a carrier’s limited water damage endorsement is a welcomed change for insurance carriers. It is the...more

King & Spalding

Pennsylvania and Florida Federal Courts Limit Reach of Wiretapping Statutes

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On June 16, 2021, the Western District of Pennsylvania granted summary judgment on a state wiretapping claim brought by a putative class of users of an e-commerce website based on that website’s use of a third-party tracking...more

Baker Donelson

Florida Adopts Text of the Federal Summary Judgment Standard

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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...more

FordHarrison

Monumental Shift to Florida’s Summary Judgment Standard

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Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more

Cozen O'Connor

Florida Supreme Court Signals Major Shift in Summary Judgment Standard

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Lawyers and insurance industry professionals are undoubtedly familiar with motions for summary judgment. For years, Florida state courts have followed their own summary judgment standard. While similar to the rule followed by...more

FordHarrison

New Year, New Standards: Florida Adopts the Federal Summary Judgment Standard

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On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency...more

Baker Donelson

Breaking Down Florida's Shift to the Federal Summary Judgment Standard

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On December 31, 2020, the Florida Supreme Court, on its motion, amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard. The amendment will become effective May 1, 2021. The Court noted...more

Burr & Forman

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

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Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more

Rumberger | Kirk

New Year, New Florida Summary Judgment Standard

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It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more

Butler Weihmuller Katz Craig LLP

How will Florida’s amended summary judgment standard affect bad faith cases?

The Florida Supreme Court ended 2020 with a bang!  The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard.  This change will affect different types of civil...more

Butler Weihmuller Katz Craig LLP

The Federal Summary Judgment Standard Comes to Florida State Courts on May 1, 2021

Last year, the Florida Supreme Court signaled its intention to adopt the summary judgment standard articulated in the Celotex trilogy, by directing the parties in Wilsonart, LLC v. Lopez, SC19-1336, 2019 WL 5188546 (Fla. Oct....more

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