Design Neuroscience Centers, P.L. v. Preston J. Fields, P.A.
The Third DCA reversed a summary judgment for a landlord where the movant's summary judgment motion never addressed the nonmovant's affirmative defenses or declaratory-judgment counterclaim, and those grounds (plus new evidence) were raised for the first time in a reply filed two days before the hearing. The court held the reply was in effect a new summary judgment motion requiring twenty days' notice under former rule 1.510(c), and also reversed the denial of leave to amend the counterclaim. The order striking the jury trial demand was affirmed.
Key facts
- Design Neuroscience Centers, P.L. sued Preston J. Fields, P.A. in a landlord-tenant dispute; Fields raised affirmative defenses and filed a declaratory-judgment counterclaim.
- The landlord moved for summary judgment but the motion did not address Fields' affirmative defenses or counterclaim; two days before the hearing, the landlord filed a reply raising those issues and citing new evidence for the first time.
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Why it matters
Useful ammunition against 'reply-brief ambush' at summary judgment: counsel can cite this to argue that a reply advancing new grounds or new evidence is a fresh motion requiring full notice, and that a court cannot… — full analysis with a trial
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