In re: Amendments to Florida Rule of Civil Procedure 1.510
On its own motion, the Florida Supreme Court amended Rule of Civil Procedure 1.510(c), effective May 1, 2021, to require that Florida's summary judgment standard be construed and applied in accordance with the federal standard of Celotex, Anderson, and Matsushita. The Court identified three key departures from prior Florida practice that the amendment abolishes, and invited comments on further conforming amendments (including whether rule 1.510 should be replaced wholesale with federal rule 56). Justice Labarga dissented, arguing the change infringes on the jury's role.
Key facts
- The Florida Supreme Court, on its own motion, amended Rule of Civil Procedure 1.510(c) effective May 1, 2021, to align Florida's summary judgment standard with the federal standard established in Celotex, Anderson, and Matsushita.
- The amendment eliminates three prior Florida practices: the Holl v. Talcott requirement that a movant conclusively disprove the nonmovant's theory; the 'slightest doubt' test for triable issues; and reliance on 'any competent evidence, however credible or incredible' to defeat summary judgment.
- +2 more key facts with a free trial
Why it matters
This is the single most consequential Florida civil procedure development in decades, fundamentally rebalancing summary judgment practice in state court in favor of movants. Defense and plaintiff counsel alike must… — full analysis with a trial
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