The Florida Supreme Court accepted jurisdiction and then sua sponte asked for briefing on whether Florida should adopt the summary judgment standard articulated by the U.S. The Fifth District asked the Florida Supreme Court to consider creating an exception to Florida’s summary judgment standard to allow for entry of summary judgment where the movant’s video evidence completely negated or refuted any conflicting evidence, and there was no suggestion that the videotape evidence had been altered or doctored. 5th DCA 2019), the Fifth District held that it was “compelled” under “Florida’s current summary judgment standard” to reverse a trial court’s grant of summary judgment, even where there was video footage from a dashboard camera that appeared to refute the plaintiff’s version of events leading to a fatal rear-end crash. It remains to be seen, though, how the rule change will play out in practice. 574 (1986).”įlorida’s adoption of the federal summary judgment standard, along with the approval of the Daubert standard for exclusion of expert testimony in May 2019, should bring the experience of litigating in Florida courts somewhat closer to federal litigation practice. The Court amended Florida Rule of Civil Procedure 1.510(c), effective (following a 60-day comment period), by (a) replacing the word “issue” with “dispute” in the phrase “genuine ‘issue’ as to any material fact,” to mirror Federal Rule 56(a) and (b) adding, “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. In re Amendments to Florida Rule of Civil Procedure 1.510, No. On the final day of 2020, the Florida Supreme Court changed that by adopting the federal summary judgment standard. Florida courts often require the movant to prove a negative – to disprove the other side’s case in order to demonstrate the absence of a genuine issue of material fact. Winning summary judgment in Florida state court has never been easy.
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