![]() Thus, a motion for judgment on the pleadings is appropriate when the complaint fails to state a cause of action. In determining whether to enter judgment on the pleadings, the trial court is limited only to the pleadings. Motions for judgment on the pleadings are typically used by defendants.Ī motion for judgment on the pleadings can only be filed once the pleadings have “closed” – in other words, once the defendant has filed an answer. Motions for Judgment on the Pleadings Motions for judgment on the pleadings are less common, but they are still recognized in the State of Florida. However, where the determination of issues depends upon the construction of a written instrument (such as a contract) and its legal effect, this is deemed a matter of law, and the trial court may resolve this matter at summary judgment.įlorida courts are cautious in granting summary judgment, and the trial court will not enter summary judgment unless the facts are so developed that nothing remains but questions of law. This means that summary judgment may not necessarily be appropriate in each case. There are certain legal defenses and theories which are inappropriate for the trial court to consider on a motion for summary judgment. If discovery is incomplete, then it is generally improper for summary judgment to be entered. This effectively means that summary judgment should not be granted until discovery has been completed. Moreover, a motion for summary judgment should not be granted until the facts have been sufficiently developed to enable the trial court to be reasonably certain that there is no genuine issue of material fact. If there are any issues or facts raised by affirmative defenses which have not been properly challenged by the plaintiff, then summary judgment is improper. For instance, if a defendant has asserted affirmative defenses, then the plaintiff must either disprove those defenses by evidence or establish that the affirmative defenses are legally insufficient. There are also certain considerations which apply when the plaintiff moves for summary judgment. If the evidence allows for differing inferences by the trial court, then the case should go to trial. Otherwise, the nonmoving party will generally argue that there are material facts in dispute which will need to be determined at trial in order to prevent entry of summary judgment.įurther, every possible inference must be construed in favor of the nonmoving party. This means that if a movant fails to establish the nonexistence of material issues with competent evidence, the nonmoving party does not even need to set forth any evidence in opposition to the motion for summary judgment. Until the moving party meets this burden of proving the absence of a genuine issue of material fact, the nonmoving party is under no obligation to show that there are issues that need to be tried by the trial court. ![]() If there is any genuine issue of material fact (or if the record shows even the slightest possibility or doubt that an issue might exist), then summary judgment is improper. A party is entitled to summary judgment only if the record – which includes the pleadings, answers to interrogatories, admissions, depositions, and affidavits – show that there is no genuine issue of material fact. The courts have recognized that this is a heavy burden to meet. In other words, the burden is on the moving party to demonstrate that the nonmoving party cannot prevail. The burden is on the party who is moving for summary judgment to prove that there are no triable issues for the trial court. Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rule 1.510 sets forth certain criteria for a party moving or opposing entry of summary judgment – including when a plaintiff or defendant can file a motion for summary judgment and deadlines for filing summary judgment evidence. Rule 1.510 provides that a motion for summary judgment must state the grounds upon which the motion is based with particularity and include the substantial matters of law to be argued. The summary judgment procedure is set forth in Florida Rule of Civil Procedure Rule 1.510. Motions for summary judgment can also seek relief for the entire case – meaning that the whole lawsuit would be resolved without having to conduct a trial. ![]() ![]() Motions for partial summary judgment can thus help narrow the issues to be decided at trial. ![]() Motions for summary judgment can be partial, which means that the motion is attempting to have only one issue, or a set of issues, determined by the trial court instead of the entire case.
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