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.
