Rule 1.510 of the Florida Rules of Civil Procedure provides in part: A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Miami-Dade Florida Motion for Summary Judgment by Plaintiff A Motion for Summary Judgment is a legal filing made by the plaintiff in a court case in Miami-Dade County, Florida. This motion requests the court to rule in favor of the plaintiff without the need for a trial, based on the undisputed facts of the case. If successful, it can result in a final judgment in favor of the plaintiff, effectively ending the case. In Miami-Dade County, there are multiple types of Motions for Summary Judgment that can be filed by a plaintiff, depending on the circumstances of the case. Here are some of the commonly filed motions: 1. Standard Motion for Summary Judgment: This is the most common type of motion filed by the plaintiff. It argues that there are no genuine issues of material fact in the case and the plaintiff is entitled to judgment as a matter of law. The motion relies on evidence, witness testimony, and legal arguments to establish that the defendant's actions or omissions warrant a judgment in favor of the plaintiff. 2. Negligence Motion for Summary Judgment: This motion is specific to cases where the plaintiff alleges negligence on the part of the defendant. It asserts that the defendant failed to exercise reasonable care, which directly caused harm to the plaintiff. The motion typically presents evidence of the defendant's negligence, such as witness statements, expert opinions, or expert reports. 3. Breach of Contract Motion for Summary Judgment: If the plaintiff's claim is based on a breach of contract, this motion is appropriate. It argues that the defendant failed to fulfill their contractual obligations, resulting in damages to the plaintiff. The motion will typically include the relevant contract, documentation of the defendant's breach, and any supporting evidence. 4. Intentional Torts Motion for Summary Judgment: In cases where the plaintiff alleges intentional harm or wrongdoing by the defendant, this motion is filed. It claims that the defendant's intentional actions caused harm to the plaintiff, justifying a summary judgment in favor of the plaintiff. This motion often includes evidence such as witness statements, video recordings, or other forms of proof of the defendant's intentional conduct. 5. Strict Liability Motion for Summary Judgment: This motion is applicable when the plaintiff asserts that the defendant should be held liable regardless of their intent or fault. It argues that the defendant engaged in an inherently dangerous activity or manufactured a defective product, which caused injury or damages to the plaintiff. This motion will typically cite relevant statutes, legal precedents, and expert opinions to establish the defendant's strict liability. In conclusion, a Miami-Dade Florida Motion for Summary Judgment by the plaintiff is a legal filing requesting the court to grant judgment in favor of the plaintiff without a trial. The specific type of motion would depend on the nature of the case, such as negligence, breach of contract, intentional torts, or strict liability. These motions are filed with the intention of proving that the defendant is liable and that the plaintiff is entitled to a favorable judgment based on the undisputed facts of the case.Miami-Dade Florida Motion for Summary Judgment by Plaintiff A Motion for Summary Judgment is a legal filing made by the plaintiff in a court case in Miami-Dade County, Florida. This motion requests the court to rule in favor of the plaintiff without the need for a trial, based on the undisputed facts of the case. If successful, it can result in a final judgment in favor of the plaintiff, effectively ending the case. In Miami-Dade County, there are multiple types of Motions for Summary Judgment that can be filed by a plaintiff, depending on the circumstances of the case. Here are some of the commonly filed motions: 1. Standard Motion for Summary Judgment: This is the most common type of motion filed by the plaintiff. It argues that there are no genuine issues of material fact in the case and the plaintiff is entitled to judgment as a matter of law. The motion relies on evidence, witness testimony, and legal arguments to establish that the defendant's actions or omissions warrant a judgment in favor of the plaintiff. 2. Negligence Motion for Summary Judgment: This motion is specific to cases where the plaintiff alleges negligence on the part of the defendant. It asserts that the defendant failed to exercise reasonable care, which directly caused harm to the plaintiff. The motion typically presents evidence of the defendant's negligence, such as witness statements, expert opinions, or expert reports. 3. Breach of Contract Motion for Summary Judgment: If the plaintiff's claim is based on a breach of contract, this motion is appropriate. It argues that the defendant failed to fulfill their contractual obligations, resulting in damages to the plaintiff. The motion will typically include the relevant contract, documentation of the defendant's breach, and any supporting evidence. 4. Intentional Torts Motion for Summary Judgment: In cases where the plaintiff alleges intentional harm or wrongdoing by the defendant, this motion is filed. It claims that the defendant's intentional actions caused harm to the plaintiff, justifying a summary judgment in favor of the plaintiff. This motion often includes evidence such as witness statements, video recordings, or other forms of proof of the defendant's intentional conduct. 5. Strict Liability Motion for Summary Judgment: This motion is applicable when the plaintiff asserts that the defendant should be held liable regardless of their intent or fault. It argues that the defendant engaged in an inherently dangerous activity or manufactured a defective product, which caused injury or damages to the plaintiff. This motion will typically cite relevant statutes, legal precedents, and expert opinions to establish the defendant's strict liability. In conclusion, a Miami-Dade Florida Motion for Summary Judgment by the plaintiff is a legal filing requesting the court to grant judgment in favor of the plaintiff without a trial. The specific type of motion would depend on the nature of the case, such as negligence, breach of contract, intentional torts, or strict liability. These motions are filed with the intention of proving that the defendant is liable and that the plaintiff is entitled to a favorable judgment based on the undisputed facts of the case.
