MIAMI, FL- November 13, 2023- Bast Amron partner Peter J. Klock,II authored an article titled “Genuine Issue or Genuine Dispute – What’s the Difference?” published on Miami Dade Bar’s website.
“In 2021, the Supreme Court of Florida amended the text of Rule 1.510 of the Florida Rules of Civil Procedure to bring it in line with Rule 56 of the Federal Rules of Civil Procedure, and to thereby provide Florida litigants and judges with “the full benefit of the large body of case law interpreting and applying federal rule 56.” In re Amends to Fla. R. of Civ. Pro 1.510, 317 So. 3d 72 (Fla. 2021). Initially, the Court had determined to limit its amendments to revise one word: “The judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law,” and to add the following sentence at the end of Rule 1.510(c): “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in [Celotex].” Id. at 74. However, after receiving comments and hearing oral argument, the Court decided to instead re-write the rule and adopt the text of the federal summary judgment rule wholesale.”
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