Florida Sample Letter for Response in connection with Motions for Summary Judgment

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0801LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [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]

[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]