News & Analysis as of

Summary Judgment Evidence Florida

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

Marshall Dennehey on

Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

EDRM - Electronic Discovery Reference Model

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 6-10, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more

Burr & Forman

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

Burr & Forman on

Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more

Rumberger | Kirk

New Year, New Florida Summary Judgment Standard

Rumberger | Kirk on

It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

Rumberger | Kirk on

A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Butler Weihmuller Katz Craig LLP

Seeing May Soon be Believing: The Possible Expansion of Summary Judgment in Florida with Respect to Dash Camera Footage

Many transportation companies use dash cameras for purposes of defending against actions for liability. However, recently in Lopez v. Wilsonart, LLC, 275 So. 3d 831 (Fla. 5th DCA 2019), eyewitness testimony and an expert...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2

The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more

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