Florida Supreme Court Amends Motion for Summary Judgment Standard- Effective May 2021

On December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, that goes into effect May 2021.

The amended rule adopts the federal summary judgment standard. Prior to the amendment, Florida courts and the federal courts had not been aligned in their controlling summary judgment standard.
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Prior to this amendment, there were two relevant differences between the Florida and the Federal summary judgment standards:

1. Florida courts have required the moving party to conclusively disprove the non-movant’s theory of the case in order to eliminate any issue of fact. By contrast, the U.S. Supreme Court has held that there is no express or implied requirement in the federal rule that the moving party must negate the opponent’s claim. Under the newly adopted federal summary judgment standard, the extent of the moving party’s burden varies depending on who bears the burden of persuasion at trial; and 
2. Florida had a more lenient standard for what constitutes a genuine issue of material fact. Prior to the amendment, the existence of any competent evidence created an issue of fact, however credible or incredible, substantial or trivial, it precluded summary judgment, so long as the “slightest doubt” was raised. (Citations omitted). By contrast, the U.S. Supreme Court has described the federal test as whether the evidence is such that a reasonable jury could return a verdict for the non-moving party. (Citations omitted). A party opposing summary judgment must do more than simply show that there is some metaphysical doubt as to material fact. 

The Florida Supreme Court was persuaded that the federal summary judgment standard better comports with the text and purpose of the Florida Rule of Civil Procedure 1.510. 

The Supreme Court reiterated that Florida courts had previously followed a more restrictive course than federal courts so that summary judgment had lost some of its utility in Florida practice. The amended rule establishes a new standard for summary judgment, one that can be more friendly to the moving party depending on the facts of the case. 

Therefore, servicers and investors in a Florida foreclosure action may ultimately elect to pursue a higher volume of summary judgment hearings prior to setting a trial date.

 If you have any questions as to how this amended rule impacts your Florida cases, please do not hesitate to contact the Padgett Law Group.