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Florida High Court Adopts Federal Summary Judgment Standard with Amendment By Gregory Holder | May 25, 2021
The move came as part of the court’s Dec. 31, 2020 opinion
In Re: Amendments to Florida Rule of Civil Procedure (Case: SC20-1490), in which the justices were asked to answer a certified question from the Fifth District Court of Appeal in the case
Celotex Corp. v. Catrett,
Anderson v. Liberty Lobby, Inc., and
Matsushita Electric Industrial Co. v. Zenith Radio Corp.
On April 29, 2021, The Florida Supreme Court further amended that summary judgment Rule 1.510, Fla.R.Civ.P. to align with Rule 56, Fed.R.Civ.P. These changes became effective May 1, 2021, and will significantly affect both pending and future litigation, particularly in first party property insurance.
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On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the United States Supreme Court in
Celotex Corp. v. Catrett, 477 U.S. 317 (1986);
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986);
Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), but without making substantive changes to the rule. The court made the effective date May 1, 2021, to allow for comments from the public.
After receiving comments and hearing oral argument, the court issued an opinion further amending rule 1.510, to adopt the text of the federal summary judgment rule itself. The effective date of the amendments remains May 1, 2021. In making these additional amendments, the court was persuaded by the majority of the comments received that the best way to implement the
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Commentary: Florida Adoption of Federal Judgment Standard a Win for Insurers By Kimberly K. Berman and Eric L. Reichenberger | January 6, 2021
The way liability claims are litigated in Florida will dramatically change, possibly shifting the balance of power in pre-trial negotiations closer to favoring defendants and their insurance companies after the Florida Supreme Court opted to adopt the federal summary judgment standard, effective May 1, 2021.
The impending rule change ordered by six of the seven justices in a Dec. 31, 2020 motion was prompted by a request for the court to answer a certified question from the Fifth District Court of Appeal in the case