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.
Tampa Florida Motion for Summary Judgment by Plaintiff is a legal procedure commonly used in civil litigation. It serves as a request made by the plaintiff (the party who initiated the lawsuit) asking the court to make a final judgment in their favor without the need for a full trial. This motion is usually filed when the plaintiff believes that there are no genuine disputes of material fact and that they are entitled to win the case as a matter of law. There are several types of Tampa Florida Motion for Summary Judgment by Plaintiff, including: 1. Standard Motion for Summary Judgment: This motion is filed when the plaintiff believes that there are no genuine disputes of material fact and that they are entitled to judgment as a matter of law based on the evidence and legal arguments presented. 2. Partial Motion for Summary Judgment: This type of motion is filed when the plaintiff seeks a judgment on only certain aspects or issues of the case, rather than the entire case. It is usually used when there are multiple claims or causes of action involved in the lawsuit. 3. Summary Judgment as to Liability: This motion is filed when the plaintiff believes that there is no dispute as to liability (responsibility for the alleged wrongdoing) in the case. It seeks a judgment in favor of the plaintiff on the issue of liability, leaving the issue of damages to be determined at a later stage. 4. Summary Judgment on Damages: This type of motion is filed when the plaintiff believes that the amount of damages they are entitled to is a legal issue that can be resolved without the need for a trial. It asks the court to determine the damages owed to the plaintiff as a matter of law, based on the evidence presented. In all types of Tampa Florida Motion for Summary Judgment by Plaintiff, the plaintiff must present evidence, such as documents, witness statements, or expert opinions, that supports their claim and demonstrates that there are no genuine disputes of material fact. The defendant (the opposing party) will have an opportunity to respond to the motion and present their own evidence and legal arguments, arguing that there are genuine disputes of material fact that should be resolved at a trial. It is important to note that the court has discretion in deciding whether to grant a motion for summary judgment. The judge will carefully review the evidence and legal arguments presented by both parties before making a decision. If granted, the motion will result in a final judgment in favor of the plaintiff, effectively ending the case without the need for a trial.
