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Genuine Issue of Material Fact Florida

Fuerst Ittleman David & Joseph

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more

FordHarrison

Monumental Shift to Florida’s Summary Judgment Standard

FordHarrison on

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

Burr & Forman

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

Burr & Forman on

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

Rumberger | Kirk on

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

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