Clement, Hayes and Oot: How Should Florida Courts Navigate “Not-So-New” Summary Judgment Rule?
In late 2020, the Florida Supreme Court amended its rule governing summary judgment motions, bringing it in line with the Federal Rule of Civil Procedure like most other states. An analysis of a random sample of Florida cases reveals, however, that 21% of the courts were neither applying it correctly nor applying it at all, according to an article co-authored by Shook Data & Discovery Strategies Practice Group Co-Chair Patrick Oot, Partner Anitra Raiford Clement, and Staff Attorney Ashley B. Hayes.
Oot, Clement and Hayes discuss the key amendments to the rule, the practical effects of them, and best practices in an article in the September/October 2023 issue of The Florida Bar Journal titled “Adoption By the Numbers: Two Years Later, How Should the Florida Courts Navigate the ‘Not-So-New’ Florida Summary Judgment Rule?” With the new rule in mind, they say that, as always, lawyers should be prepared going into summary judgment hearings.
“Lawyers should know the facts and evidence cited by each side,” they said. “Lawyers should also come armed with persuasive authority, Florida state and/or federal cases applying Florida law and the Celetox trilogy summary judgment standard, to help trial courts adjust to this new standard.”
