GUERDON INDUSTRIES, INC., A DELAWARE CORPORATION, D/B/A ARMOR MOBILE HOME MANUFACTURING CORPORATION OF GEORGIA, PETITIONER,
v.
LAURA H. DURRENBERGER, RESPONDENT
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A motion for summary judgment is not a pleading under Florida Rules of Civil Procedure and cannot be prohibited by a pre-trial order forbidding further pleadings; the trial court's denial of the motion on that ground was reversed.
A motion for summary judgment is not a pleading and cannot be denied solely on the ground that a pre-trial order prohibits further pleadings.
[1] A motion for summary judgment is not a pleading within the meaning of Florida Rules of Civil Procedure and cannot be prohibited by a pre-trial order restricting the filin…
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Join FLexlaw to unlock all legal intelligence“A motion for summary judgment is not a 'pleading.'”
The court's holding distinguishing motions for summary judgment from pleadings under the Florida Rules of Civil Procedure.
The trial court issued a pre-trial order forbidding the filing of any further pleadings without court order, then denied defendant's motion for summar…
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BOOTH, Judge.
This cause is before the Court on Petition for Writ of Certiorari to review the order of the Circuit Court, Washington County, which order is in pertinent part, as follows:
“THIS CAUSE having come on before the Court for Hearing, upon Defendant’s Motion To Strike Affidavit, and Motion For Summary Judgment; and the Court having considered the matter, and having heard argument from counsel for both parties; and finding that a Motion For Summary Judgment is a pleading, and that the Pre-Trial Order forbids the filing of any further pleading without order of the Court; it is therefore
* * * * * *
ORDERED AND ADJUDGED that Defendant’s Motion For Summary Judgment be, and it is hereby, denied, upon the aforesaid basis that it is a pleading and therefore proscribed by the provisions of the Pre-Trial Order . .”
On consideration of the Petition and Appendix and Response thereto we hold that the Petition has merit and that the foregoing order of the trial court refusing to consider a motion for summary judgment on the grounds stated violates essential requirements of law. A motion for summary judgment is not a “pleading.” See Rules 1.100 and 1.110, F.R.C.P.; Metcalf v. Langston, 296 So. 2d 81 (Fla. 1st DCA 1974), cert. denied 302 So. 2d 414 (Fla.1975). Further, the trial court may not prohibit or deny consideration of the motion if timely and otherwise proper under Rule 1.510, F.R.C.P. Accordingly, the order denying summary judgment is VACATED and the cause REMANDED for consideration of the motion on its merits.
BOYER, Acting C. J., and SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Metcalf v. Langston, 296 So. 2d 81 (Fla. 1st DCA 1974)
- Metcalf v. Langston, 302 So. 2d 414 (Fla. 1974)
- Mitrisin v. Hill, 302 So. 2d 414 (Fla. 1974)