Florida Sample Letter for Opinions on Motions for Summary Judgment: [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, Zip Code] Re: [Case Name and Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing this letter to provide my detailed opinion on the pending motion for summary judgment in the above-mentioned case. As an expert in Florida law, I have carefully reviewed the submitted motion, relevant case laws, and supporting evidence, and would like to share my insights. I. Introduction: Briefly outline the purpose of the motion for summary judgment and the legal standards applicable in Florida. Emphasize the importance of achieving a just and fair outcome while adhering to the principle of the summary judgment rule. II. Statement of Facts: Summarize the key facts of the case as presented by both parties. Clearly distinguish between undisputed and disputed facts and identify any conflicting statements or evidence that may impact the motion for summary judgment. III. Legal Analysis: a. Applicable Legal Standards: Identify and explain the legal standards for granting a motion for summary judgment in Florida. Discuss the burden of proof, the criteria for evaluating the sufficiency of evidence, and the importance of genuine issues of material fact. b. Evaluation of Arguments: Evaluate the arguments presented by both parties in support of or against the granting of the motion. Discuss the strength and weaknesses of each party's assertions, emphasizing how they align with or deviate from Florida case laws. c. Case Laws: Provide a comprehensive analysis of relevant Florida case laws that support or oppose the arguments made in the motion for summary judgment. Identify any precedents established by higher courts and their potential application to the present case. IV. Conclusion: Summarize the key points of your analysis and provide a clear recommendation regarding the granting or denial of the motion for summary judgment. Support your recommendation with logical reasoning based on the facts, evidence, and applicable Florida laws. V. Affirmation and Support: Express willingness to provide further clarification or answer any questions the court may have regarding your opinion. Provide a declaration attesting to the accuracy and honesty of your opinion and include any relevant credentials or experience. Please consider this letter as my expert opinion on the matter, and feel free to reach out if you require any additional information or clarification. I trust that my insights will be beneficial to the court’s determination of the motion for summary judgment. Thank you for your time and consideration. Sincerely, [Your Name]
Florida Sample Letter for Opinions on Motions for Summary Judgment
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Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.
There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
