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Florida Summary Judgment Question

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  • Florida Summary Judgment Question

    1. Can a party that has already opposed a Summary Judgment Motion [SJM], still move for Summary Judgment [SJ] on issues that have not yet been determined?, before trial?

    2. Or, once a SJ hearing has been held and one party moves for SJ, and the other party opposes it, does that end the parties right to be heard on that SJ procedure before trial?

  • #2
    Re: Florida Summary Judgment Question

    Yes if truly new issues...

    You otherwise would need extraordinary circumstances. Or eg substantially changed circumstances.

    ...can't hear it twice


    Might help to know the facts a bit

    Comment


    • #3
      Re: Florida Summary Judgment Question

      that is right, check it first

      Comment


      • #4
        Re: Florida Summary Judgment Question

        If the issues are other than the counts of the complaint, ie: I want to move on a point so there will be one less issue to present, argue and prove at trial.

        Plus one of the issues I want move on is evidenced by a affidavit from a out of state witness. Whom I can't afford to fly into and house in my state, and back, or do a depo on, transcript fee's, etc..

        If the issues were such that it would be more economically and judicially efficient to hear argument via Summary Judgment Motion [SJM], than to bring in out of state witnesses, then I would think that would be the way to go, but then again I am not a exp. atty.

        I submitted affidavits from these out of state witnesses when I opposed the moving parties SJM, but the affidavits by themselves would not have won me a SJ on my counts.

        I presume that when I opposed the SJM, I probably could have and should have moved on these side issues that I had submitted affidavits on.

        Thoughts?

        Comment

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