TONY SIEGLER
v.
EMPIRE DAWN, LLC AND DOUGLAS SMEJKAL
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An appellant's failure to serve a timely response to a motion for summary judgment that properly addresses the movant's factual assertions in compliance with Rule 1.510(c)(5) is not excusable neglect based on attorney misunderstanding of procedural rules.
[1] Under Florida Rule of Civil Procedure 1.510(c)(5) and (e)(2)–(3), a trial court may consider facts undisputed or grant summary judgment when a nonmoving party fails to se…
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Join FLexlaw to unlock all legal intelligence“courts generally do not find excusable neglect based on the attorney's misunderstanding or ignorance of the . . . rules of procedure”
Boudot v. Boudot, 925 So. 2d 409, 416 (Fla. 5th DCA 2006)
Tony Siegler appealed from a summary judgment order entered by the circuit court in a dispute involving Empire Dawn, LLC and Douglas Smejkal.…
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PER CURIAM.
AFFIRMED. See In re Amends. to Fla. Rule of Civ. Proc. 1.510, 317 So. 3d 72, 75, 77 (Fla. 2021) (providing that “new rule” 1.510 takes effect on May 1, 2021, and governs the adjudication of any summary judgment motion decided on or after that date, with the correct test to be applied by the trial courts in determining if there exists a genuine factual dispute being “whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party’”); Fla. R. Civ. P. 1.510(c)(5) (stating that “[a]t least 20 days before the time fixed for the [summary judgment] hearing, the nonmovant must serve a response [to the motion for summary judgment] that includes the nonmovant’s supporting factual position as provided in subdivision (1) above”); Fla. R. Civ. P. 1.510(e)(2)–(3) (providing that if a party fails to properly address another party’s assertion of fact as required by rule 1.510(c), the court may “consider the fact undisputed for purposes of the motion” or may “grant summary judgment if the motion and supporting materials— including the facts considered undisputed—show that the movant is entitled to it”); Boudot v. Boudot, 925 So. 2d 409, 416 (Fla. 5th DCA 2006) (“[C]ourts generally do not find excusable neglect based on the attorney’s misunderstanding or ignorance of the . . . rules of procedure.”). LAMBERT, C.J., COHEN and EDWARDS, JJ., concur.
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Citator
Cited By (72 total)
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Ross v. Citizens Prop. Ins. Corp., 366 So. 3d 1130 (Fla. 3d DCA 2024)…dence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the ‘slightest doubt’ is raised.’” (quoting In re Amendments to Fla. Rule of Civil Procedure 1.510, 317 So. 3d 72, 76 (Fla. 2021))); Id. at 1118 (stating that “where . . . the nonmoving party bears the burden of proof on a dispositive issue at trial, the moving party need only demonstrate ‘that there is an absence of evidence to support the nonmoving party’s ca…
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Lloyd Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131 (Fla. 4th DCA 2022)…Civil Procedure 1.510 to conform with the federal summary judgment standard. See In re Amendments to Fla. R. Civ. P. 1.510, 309 So. 3d 192, 192 (Fla. 2020) (adopting the federal summary judgment standard); In re Amendments to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 74 (Fla. 2021) (largely replacing the text of existing rule 1.510 with the text of Federal Rule of Civil Procedure 56). The amendment became effective on May 1, 2021, and “govern[s] the adjudication of any summary judgment motion decided on or af…1 / 2
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CG Tides LLC v. SHEDDF3 VNB, LLC, 388 So. 3d 1081 (Fla. 3d DCA 2024)…Borrowers’ use of the insurance proceeds to repair the hurricane damage breached the loan contract and triggered a default. Properly understood, summary judgment is akin to a pre-trial directed verdict. In re Amends. to Fla. R. of Civ. Proc. 1.510, 317 So. 3d 72, 75 (Fla. 2021) (recognizing “the fundamental similarity between the summary judgment standard and the directed verdict standard”). Summary judgment is not designed to resolve disputed issues of fact. It merely serves to identify whether an issue of…
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- Boudot v. Boudot, 925 So. 2d 409 (Fla. 5th DCA 2006)