Florida Supreme Court Decision Favors Business Community

A surprise order from the Supreme Court of Florida on New Year’s Eve has the chance to correct one of the grave injustices facing Florida’s business community.  The order changes the way Florida courts determine whether a party is entitled to summary judgment.

 

  • The order will revise Florida’s existing summary judgment standard which nearly guaranteed cases would reach trial (at great expense) even when completely lacking evidence or merit.
  • Florida’s interpretation of the standard for summary judgment now agrees with that of federal courts, and with a substantial majority of state courts across the nation.
  • The change should result in a greater likelihood of success on summary judgment.
  • The new rule will become effective on May 21, 2021.

 

For more information about the change, contact Kyle Weaver at kweaver@carrallison.com.

News

Miller and Muhonen Obtain Dismissal

Chancey Miller and Stephen Muhonen of our Chattanooga (TN) office succeeded in obtaining the dismissal of a significant security case for a retail client. In a case where a convenience store employee was assaulted while confronting a shoplifter, allegations were that the retailer failed to provide proper security which was an […]

Learn More

Sausaman Prevails on a Motion for Summary Judgment

Alison H. Sausaman of our Jacksonville (FL) office prevailed on a motion for summary judgment in federal court on behalf of a national convenience store chain. The court agreed that rain on an asphalt parking lot was not a dangerous condition and granted final judgment in our client’s favor.

Learn More

Baggett and Ingram Prevail on a Motion for Judgment

Evan Baggett and Josh Ingram of our Birmingham (AL) office recently prevailed on a motion for judgment on the pleadings in a complex tort case. After extensive briefing and oral arguments, the court granted their motion and dismissed all the plaintiff’s claims with prejudice.

Learn More