Either party may file a motion for summary judgment. The filing party is requesting the court to rule on the case as a matter of law. This means there are no questions of fact in dispute. The motion is used to expedite the resolution of a dispute. Affidavits, pleadings, depositions and other evidence which would be admissible at trial are reviewed by the Judge to determine whether there is a question of fact. The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
Motions for summary judgment can be used for almost any legal action. However, actions regarding the contract disputes lend themselves readily to use of this type of resolution. Most recently here in Florida, foreclosure actions have taken stage front and center, many of which have been disposed of through the Plaintiff’s use of the Motion for Summary Judgment.
If you are involved in a dispute which may result in litigation in Stuart FL, Port St. Lucie FL, or Jupiter FL and need a lawyer, please give my office a call. It is important to address your legal rights before you get to a point where the opposition has either filed for a default or for a Motion for Summary Judgment.