Jones v. Ervolino
In a probate dispute over whether the decedent's will was valid, the trial court granted summary judgment for the niece seeking intestate administration, but neither the oral pronouncement nor the written order stated any reasons. The Third District reversed and remanded for entry of an order complying with the mandatory requirement of amended Rule 1.510(a) that the court state on the record the reasons for granting or denying summary judgment.
Key facts
- Niece sought intestate administration of the decedent's estate, challenging the validity of the decedent's will.
- Trial court granted summary judgment for the niece without stating any reasons in either the oral pronouncement or written order.
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Why it matters
This decision gives litigators a clean, citable basis to obtain reversal of any post-May 1, 2021 summary judgment order that simply says 'granted' or 'denied' without explanation — a common occurrence in busy trial… — full analysis with a trial
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