[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Address] [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 spirits. I am writing in response to the Motion for Summary Judgment filed by [Opposing Party's Name] on [Date], in connection with the aforementioned case. I respectfully present this letter to assert my opposition to the Motion for Summary Judgment. Upon reviewing the motion and the applicable Florida rules of civil procedure, I firmly believe that granting summary judgment would be premature and unjust in this case. Furthermore, I argue that there are genuine issues of material fact that necessitate the need for a trial. As stated in [Opposing Party's Name]'s motion, which I have thoroughly reviewed, they contend that there is no genuine issue of material fact involved, and that they are entitled to judgment as a matter of law. However, I respectfully disagree with their assertions and would like to bring the following points to the court's attention: 1. Issue of Material Fact 1: [Describe the first issue in dispute, supporting your position with relevant evidence or case law] 2. Issue of Material Fact 2: [Describe the second issue in dispute, supporting your position with relevant evidence or case law] 3. Issue of Material Fact 3: [Describe the third issue in dispute, supporting your position with relevant evidence or case law] In light of the aforementioned issues, it is evident that there is a genuine dispute between the parties that cannot be resolved through summary judgment. Granting summary judgment at this stage would deprive me of my right to present evidence and to fully present my case. As per Florida Rule of Civil Procedure [Specify the applicable rule], summary judgment should only be granted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. This is clearly not the case in this matter. The opposing party's motion fails to adequately address these crucial issues and instead presents an incomplete and biased view of the facts. Therefore, I respectfully request the court to deny their Motion for Summary Judgment and allow the case to proceed to trial to allow for a fair and just resolution. Enclosed with this letter, please find supporting documentation and exhibits, which further corroborate my position and substantiate the existence of genuine issues of material fact. I kindly request the court to consider this response and the attached documents to make an informed and equitable decision. Should the court require further information or clarification, please do not hesitate to contact me. Thank you for your time and consideration. Sincerely yours, [Your Name]
Florida Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out Florida Sample Letter For Response In Connection With Motions For Summary Judgment?
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FAQ
Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
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.
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.
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.
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.
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.
