Rule 1.510 of the Florida Rules of Civil Procedure provides in part:
A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
A Motion for Summary Judgment by Plaintiff is a legal filing made by the plaintiff in a lawsuit in Jacksonville, Florida, requesting the court to render a judgment in their favor without the need for a trial. This motion is generally based on the argument that there are no genuine issues of material fact in the case, and therefore the plaintiff is entitled to a judgment as a matter of law. When filing a Motion for Summary Judgment, the plaintiff submits a written document to the court detailing the facts of the case and the legal arguments supporting their claim. The motion must clearly establish that there are no disputed issues of fact that need to be determined by a jury or judge. The plaintiff may present evidence such as documents, affidavits, witness statements, or deposition transcripts to support their motion. In Jacksonville, Florida, there are several types of Motions for Summary Judgment that a plaintiff may file: 1. Partial Summary Judgment: This motion seeks a judgment in favor of the plaintiff on specific issues or claims within the lawsuit, as opposed to the entire case. 2. Final Summary Judgment: This motion requests a judgment in favor of the plaintiff on all issues and claims, seeking a conclusive resolution of the case without the need for trial. 3. Summary Judgment as a Matter of Law: This motion argues that the undisputed facts of the case clearly establish the plaintiff's right to judgment as a matter of law, without the need for any further factual findings. To be successful in their motion, the plaintiff must demonstrate that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. If the court finds that there are no disputed facts requiring a trial, and the applicable law supports the plaintiff's position, they may grant the motion for summary judgment and enter a judgment in favor of the plaintiff. However, if the court determines that there are factual disputes that should be resolved by a jury, the motion may be denied, and the case will proceed to trial. In conclusion, a Motion for Summary Judgment by Plaintiff is a legal filing in Jacksonville, Florida, requesting the court to decide a case in the plaintiff's favor without a trial. Various types include partial summary judgment, final summary judgment, and summary judgment as a matter of law, each addressing specific aspects of the lawsuit. The success of such a motion relies on proving the absence of genuine disputes of material fact and establishing the plaintiff's entitlement to judgment as a matter of law.
