![]() ![]() ![]() “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. Webster, Berman’s Florida Civil Procedure §1.510:5 (2020 ed.).īy contrast, the Supreme Court has described the federal test as whether “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. While the Florida caselaw is not entirely uniform, a leading treatise characterizes the Florida standard this way: “he existence of any competent evidence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the ‘slightest doubt’ is raised.” Bruce J. In the Florida Supreme Court’s April 29, 2021, Order, it stated “In the broadest sense, those cases stand for the proposition that “ummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part” of rules aimed at “the just, speedy and inexpensive determination of every action.”Ī large reason why the Florida Supreme Court adopted the Federal standard was because the Florida courts have historically adopted an expansive understanding of what constitutes a genuine (i.e., triable) issue of material fact. 242 (1976) and Matsushita Electric Industrial Co. However, the new summary judgment standard now says a motion such as this will be granted if the movant shows that there is no genuine dispute as to any material fact.Įssentially, the summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. Prior to May 1, 2021, 1.510 Rules of Civil Procedure stated that a motion for judgment would be granted if there was no genuine issue of material fact. Effective May 1, 2021, the state of Florida adopted the Federal summary judgment standard.
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