tipsfordraftiNGaNorderGraNtiNGsuMMarYJudGMeNt appellate Practice Section Chairs : JoeEagleton – Brannock & Humphries & ChanceLyman – BuchananIngersoll & Rooney , PC
Yourordershouldprovidea detaileddiscussionofallthe materialevidencetoexplain whytheevidencedidnotcreate agenuinedisputeinthefacts .
Florida ’ s new Rule 1.510 governing motions for summary judgment sets forth very specific requirements for motions and the evidence upon which the moving party relies . Assuming you ’ ve met those requirements 1 and you ’ ve successfully convinced the trial court , you can now draft the order .
Here are some suggestions for increasing the likelihood that your judgment will be affirmed :
● Include an opening paragraph that identifies the date and name of the motion and the parties who appeared for the argument and who did not . 2
● Include a description or list of the evidence that is in the court file — include both yours and your opponent ’ s evidence to ensure that it does not appear the court overlooked any evidence .
● Include a paragraph that states the new legal standard for summary judgments , which is construed and applied in accordance with the federal summary judgment standard , which states : “ The mere existence of a scintilla of evidence in support of the plaintiff ' s position will be insufficient ; there must be evidence on which the jury could reasonably find for the plaintiff . The judge ’ s inquiry , therefore , unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the plaintiff is entitled to a verdict ….” 3
● Establish how there are no disputes in the evidence . Your order should provide a detailed discussion of all the material evidence to explain why the evidence did not create a genuine dispute in the facts . 4 Your order should provide a clear narrative of the undisputed facts .
● Do not exaggerate the facts , include facts that are not in the record , or findings the court didn ’ t make . Try to
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