Florida Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion

State:
Multi-State
Control #:
US-60930
Format:
Word; 
Rich Text
Instant download

Description

This form is plaintiff's response to defendant's motion for partial summary judgment involving a dispute over leased office space. The plaintiff contends that the court should deny defendant's motion for partial summary judgment based upon the facts presented before the court.
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  • Preview Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion
  • Preview Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion
  • Preview Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion
  • Preview Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion

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FAQ

A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.

Show that a dispute exists on a material fact. A material fact is one that matters to the outcome of a case, like the speed of a car preceding a traffic accident. The disagreement must appear in the record of the case, either in the pleadings or in filed discovery responses.

The most important aspect in defeating a summary judgment motion is to cast doubt on the conclusiveness of the facts, either by showing that there are disputes in the material facts (using affidavits) or that there are different inferences to be made from those facts.

You may ask, ?is a response to a motion for summary judgement required?? ing to the current case law, it is mandatory. This is evidenced by the legislature's use of the word ?must? file a response at least twenty days prior to the hearing on the motion for summary judgment.

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.

It should contain a strong legal argument, with references to the facts as well as to legal authorities such as case opinions and statutes. When supporting your argument with facts, make sure every fact you rely upon is supported by admissible evidence.

PARTIAL FINAL JUDGMENT Rule 9.110(k) of the Florida Rules of Appellate Procedure provides: Except as otherwise provided herein, partial final judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire case.

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Florida Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion