How to Respond to a Motion for Summary Judgment in Florida

What Florida Litigants Should Do Before the Deadline Runs

A motion for summary judgment is one of the most important filings in a Florida civil case. If granted, it can end the entire case, eliminate claims or defenses, narrow issues for trial, or create the foundation for an appeal.

If you were served with a motion for summary judgment in a Florida civil lawsuit, you should act quickly. The response requires more than disagreement. It requires admissible evidence, precise record citations, legal argument, and a strategy for preserving issues if the ruling later goes to appeal.

Biazzo Law, PLLC represents businesses, professionals, organizations, property owners, and individuals in Florida civil litigation, business disputes, complex motion practice, summary judgment proceedings, appellate preservation, and civil appeals.

Facing a motion for summary judgment in Florida?Biazzo Law reviews summary judgment motions, evidence, affidavits, discovery needs, hearing strategy, and appeal risks in Florida civil cases. Call/Text (703) 297-5777 or request a litigation strategy review.

Direct Answer: How Do You Respond to a Motion for Summary Judgment in Florida?

To respond to a motion for summary judgment in Florida, the nonmoving party must identify genuine disputes of material fact, support its factual position with record evidence, object to unsupported or inadmissible evidence when appropriate, file a timely response under Florida Rule of Civil Procedure 1.510, and prepare to explain why the moving party is not entitled to judgment as a matter of law.

For motions filed on or after January 1, 2025, amended Florida Rule of Civil Procedure 1.510 requires the nonmovant to serve a response with its supporting factual position no later than 40 days after service of the motion for summary judgment, and the hearing must generally be set at least 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.

What Is Summary Judgment in a Florida Civil Case?

Summary judgment is a procedure that allows a court to decide a claim, defense, or issue before trial when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Rule 1.510 states that the court shall grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law; the rule also requires the court to state on the record the reasons for granting or denying the motion.

In plain English, the court asks:

• Is there a real dispute about a fact that matters?

• Is the dispute supported by evidence?

• Does the law entitle one side to judgment without trial?

• Would a reasonable jury or factfinder have a legally sufficient basis to rule for the nonmoving party?

If the answer favors the movant, summary judgment may be granted.

Florida Uses a Federal-Style Summary Judgment Standard

Florida’s summary judgment practice changed significantly in 2021. The Florida Supreme Court amended Rule 1.510 to align Florida’s summary judgment standard with the federal standard and largely replace the prior rule with text modeled on Federal Rule of Civil Procedure 56.

That matters because Florida summary judgment is no longer governed by older assumptions that almost any factual dispute automatically prevents summary judgment. The Florida Supreme Court explained that courts applying the amended rule must follow the federal summary judgment standard and the principles of the Celotex, Anderson, and Matsushita line of cases.

This makes the response more important. A party opposing summary judgment must do more than say facts are disputed. The response must show, through proper record evidence, that a genuine dispute of material fact exists.

Step One: Calendar the Response Deadline Immediately

The first step is to determine the response deadline.

For current Florida summary judgment practice, Rule 1.510 requires the nonmovant to serve the response and supporting factual position no later than 40 days after service of the motion. The hearing must generally be scheduled at least 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.

Also check:

• The case management order

• Any trial order

• Any judge-specific procedures

• Any agreed scheduling order

• Whether the motion was filed before January 1, 2025

• Whether the court entered a different deadline

• Whether discovery is complete

• Whether the case is in circuit civil, county civil, complex litigation, or another posture

Do not assume the deadline is tied only to the hearing date. The amended rule ties the response deadline to the date the motion was served, not merely the date of the hearing.

Step Two: Identify Exactly What the Motion Is Trying to Win

A motion for summary judgment may target:

• The entire case

• One claim

• One defense

• One element of a claim

• Damages

• Liability only

• Causation

• Contract interpretation

• Statute of limitations

• Standing

• Jurisdiction

• Injunctive relief

• Declaratory judgment

• Attorney’s fees

• A counterclaim

• An affirmative defense

Your response should match the motion. Do not respond as if the whole case is at issue if the motion targets only one element. Do not ignore a narrow argument that could eliminate a key claim or defense.

Ask:

• What facts does the movant claim are undisputed?

• What legal standard does the movant rely on?

• What evidence does the movant cite?

• What element does the movant say cannot be proven?

• Does the movant bear the burden at trial?

• Is the movant pointing to an absence of evidence?

• Is the movant asking the court to interpret a contract, statute, or record?

• Is the movant trying to narrow the case before trial?

The response should be built around the precise relief requested.

Step Three: Build the Factual Record

Under Rule 1.510, a party asserting that a fact is genuinely disputed must support the assertion by citing particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.

Useful evidence may include:

• Contracts

• Emails

• Text messages

• Business records

• Invoices

• Payment records

• Deposition testimony

• Interrogatory answers

• Admissions

• Affidavits or declarations

• Expert materials

• Photos, videos, or inspection records

• Corporate records

• Real estate documents

• Lease documents

• Public records

• Prior court filings

• Stipulations

A good response should not merely attach documents. It should explain why the evidence creates a genuine dispute over facts that matter under the governing law.

Step Four: Object to Unsupported or Inadmissible Evidence

Rule 1.510 allows a party to object that material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

Depending on the record, opposition may include objections to:

• Hearsay

• Speculation

• Conclusory affidavits

• Lack of personal knowledge

• Unauthenticated documents

• Improper expert opinions

• Mischaracterized deposition testimony

• Incomplete excerpts

• Business records without foundation

• Statements that do not support the cited fact

• Evidence irrelevant to the legal issue

Affidavits or declarations used to support or oppose summary judgment must be based on personal knowledge, set out facts that would be admissible in evidence, and show the affiant or declarant is competent to testify on those matters.

Step Five: Show Why the Fact Dispute Is Material

Not every factual dispute defeats summary judgment. The dispute must be material, meaning it matters under the law governing the claim or defense.

For example, in a breach of contract case, material facts may include:

• Whether a valid contract exists

• What the contract requires

• Whether a party performed

• Whether a breach occurred

• Whether the breach was material

• Whether damages resulted

• Whether defenses such as waiver, estoppel, excuse, impossibility, prior breach, or lack of conditions precedent apply

In a business tort or fiduciary duty case, material facts may involve duty, causation, reliance, damages, intent, authority, knowledge, or credibility.

A strong response does more than say “facts are disputed.” It explains:

This fact matters because, under the applicable law, it affects whether the claim or defense can be decided without trial.

Step Six: Address the Movant’s Legal Standard

The movant may argue that the law entitles it to judgment even if certain facts are disputed. The response should address the legal standard directly.

Potential arguments include:

• The movant cited the wrong legal standard

• The movant omitted an element of the claim or defense

• The movant misapplied Florida law

• The movant relies on distinguishable cases

• The movant ignores controlling authority

• The movant asks the court to weigh credibility

• The movant seeks trial-like factfinding

• The movant overstates the summary judgment record

• The movant has not met its burden under Rule 1.510

Because Florida follows the federal summary judgment standard, summary judgment opposition should be drafted with federal-style precision: claim elements, burden allocation, record citations, admissible evidence, and material factual disputes.

Step Seven: Use Rule 1.510(d) If More Discovery Is Needed

Sometimes the nonmoving party cannot yet present facts essential to oppose summary judgment because discovery is incomplete. Rule 1.510(d) provides a mechanism for that situation. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify opposition, the court may defer considering the motion, deny it, allow time for discovery, or issue another appropriate order.

This can matter when:

• Key depositions have not occurred

• Documents have not been produced

• Discovery responses are incomplete

• A witness is unavailable

• Expert discovery is still pending

• The movant controls critical information

• The motion was filed before adequate discovery

• The case management schedule requires more factual development

A Rule 1.510(d) request should be specific. It should explain what discovery is needed, why it matters, what facts it may reveal, and why those facts are essential to opposing summary judgment.

Step Eight: Prepare for the Hearing

A summary judgment hearing is not the time to discover your argument. Preparation should include:

• Reviewing the motion, response, reply, and record citations

• Preparing a short list of the most important material fact disputes

• Preparing legal responses to the movant’s strongest points

• Knowing where the record supports each disputed fact

• Preparing evidentiary objections

• Anticipating questions about materiality

• Addressing whether more discovery is needed

• Preparing a proposed order, if appropriate

• Ensuring the court states reasons on the record

• Preserving appellate issues

Because Rule 1.510 requires the court to state reasons for granting or denying summary judgment, the parties should be prepared to explain the precise grounds that matter for the ruling.

Step Nine: Preserve Issues for Appeal

Summary judgment orders can create appellate issues. If summary judgment is granted, the losing party may need to evaluate whether the ruling is immediately appealable, whether it becomes appealable after final judgment, whether a rehearing motion is needed, and whether the record adequately preserves the issue.

Appeal-sensitive summary judgment strategy should focus on:

• Clear legal arguments

• Specific record citations

• Evidentiary objections

• Rule 1.510(d) discovery requests

• Preserved objections to improper evidence

• Whether the court weighed credibility

• Whether the court resolved disputed material facts

• Whether the order states the reasons for the ruling

• Whether the ruling disposes of all claims or only part of the case

• Whether post-judgment motions are needed

A summary judgment response should be written for the trial judge and, if necessary, for the appellate court that may later review the order.

Common Mistakes When Responding to Summary Judgment in Florida

Avoid these mistakes:

• Waiting too long to start the response

• Missing the 40-day response deadline

• Treating summary judgment like a routine motion

• Arguing facts without record citations

• Relying on inadmissible or unsupported evidence

• Attaching documents without explaining them

• Failing to dispute the movant’s factual position

• Ignoring one element of the claim or defense

• Failing to request more discovery when needed

• Failing to object to improper evidence

• Raising emotional arguments instead of legal ones

• Not preparing for appeal-preservation issues

A weak response can lead to judgment before trial. A strong response identifies the real factual and legal disputes that require trial.

What to Gather Before Calling a Florida Summary Judgment Attorney

If you were served with a motion for summary judgment, gather:

• The motion for summary judgment

• The movant’s statement or supporting factual position

• All exhibits filed with the motion

• The complaint, answer, counterclaims, and affirmative defenses

• The case management order

• The hearing notice

• Key contracts, emails, texts, and business records

• Deposition transcripts

• Discovery responses

• Admissions

• Expert reports, if any

• Prior court orders

• Any pending discovery requests

• Relevant deadlines

• Any trial date

• Any settlement demands or offers

If the deadline is approaching, send the motion and hearing notice first.

Biazzo Law Handles Florida Summary Judgment Opposition and Appeal-Sensitive Civil Litigation

Biazzo Law assists clients and trial counsel with Florida civil litigation, business disputes, complex motion practice, summary judgment opposition, evidentiary strategy, appellate preservation, and civil appeals.

The firm handles matters involving:

• Florida summary judgment responses

• Business litigation

• Breach of contract disputes

• Real estate litigation

• Commercial lease disputes

• Injunction-related summary judgment issues

• Declaratory judgment actions

• Fiduciary duty claims

• Fraud and misrepresentation claims

• Constitutional litigation

• Federal and state court strategy

• Motions for rehearing

• Appeals after summary judgment

• Trial support and complex motions

Need to respond to a motion for summary judgment in Florida?Biazzo Law reviews the motion, record evidence, deadlines, discovery needs, hearing strategy, and appeal risks in Florida civil cases. Call/Text (703) 297-5777 or request a litigation strategy review.

Frequently Asked Questions

How long do I have to respond to a motion for summary judgment in Florida?

For motions filed on or after January 1, 2025, amended Florida Rule of Civil Procedure 1.510 requires the nonmovant to serve a response with its supporting factual position no later than 40 days after service of the motion for summary judgment.

When can the hearing be set?

Under amended Rule 1.510, a hearing on a motion for summary judgment must generally be set at least 10 days after the deadline for serving the response, unless the parties stipulate or the court orders otherwise.

What evidence can I use to oppose summary judgment?

Rule 1.510 allows parties to support or dispute facts by citing materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, and other materials.

Can I oppose summary judgment if discovery is not finished?

Possibly. Rule 1.510(d) allows a nonmovant to show by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify opposition. The court may defer the motion, deny it, allow more discovery, or issue another appropriate order.

Does Florida follow the federal summary judgment standard?

Yes. Florida amended Rule 1.510 to align with the federal summary judgment standard and largely adopt the text of Federal Rule of Civil Procedure 56.

Can summary judgment be appealed in Florida?

A summary judgment ruling may create appeal issues, but timing and appealability depend on whether the order is final, partial, or otherwise appealable. Counsel should evaluate the order, record, deadlines, and possible rehearing or appeal options promptly.

Can Biazzo Law help if the summary judgment response deadline is approaching?

Yes. Biazzo Law reviews summary judgment motions, supporting evidence, response deadlines, discovery needs, hearing strategy, and appellate-preservation issues in Florida civil cases.