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 is a legal document filed by a plaintiff in a case in St. Petersburg, Florida, seeking a judgment in their favor without a trial. This motion is typically filed when the plaintiff believes there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In St. Petersburg, Florida, there may be different types of motions for summary judgment filed by a plaintiff in various types of cases. Some common types of motions for summary judgment by plaintiffs can include: 1. St. Petersburg Florida Motion for Summary Judgment in Personal Injury Cases: In personal injury cases, plaintiffs may file a motion for summary judgment to argue that there is no dispute about the defendant's liability for the injuries sustained. The plaintiff seeks to establish that the defendant's actions or negligence directly caused their injuries, leaving no need for a trial on liability. 2. St. Petersburg Florida Motion for Summary Judgment in Contract Dispute Cases: Plaintiffs involved in contract disputes may file a motion for summary judgment to assert that there are no genuine disputes regarding the terms and enforceability of the contract. They may argue that the defendant breached the contract and the damages owed are clear, eliminating the need for a trial. 3. St. Petersburg Florida Motion for Summary Judgment in Employment Discrimination Cases: In employment discrimination cases, the plaintiff may file a motion for summary judgment to argue that there is insufficient evidence to support a genuine dispute related to the employer's discriminatory practices or actions. The plaintiff may strive to show that the employer violated anti-discrimination laws and that judgment in their favor is appropriate. 4. St. Petersburg Florida Motion for Summary Judgment in Family Law Cases: Plaintiffs involved in family law cases, such as child custody or divorce disputes, may file a motion for summary judgment to request a judgment on specific issues that are not in dispute. For example, if the parties agree on the equitable distribution of property, the plaintiff may seek summary judgment on this issue, leaving only the disputed matters for trial. In these motions for summary judgment, it is crucial for the plaintiff to present convincing evidence, affidavits, and legal arguments demonstrating that there are no genuine issues of material fact, and the law supports a judgment in their favor. The defendant will have an opportunity to respond to the motion, as well as present counter-evidence and legal arguments opposing the plaintiff's position. Ultimately, the presiding judge in St. Petersburg, Florida will review the motion, supporting documents, and arguments from both parties before deciding whether to grant or deny the motion for summary judgment.
