The new summary judgment rule: service of at least 40 days before hearing
This case serves as a reminder that summary judgment should be filed 20 days after the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the said motion at least 40 days before the hearing date. (Rule 1.510)
Safeco’s motion’s hearing was conducted on February 22, 2023. The motion was e-filed just a week before the schedule hearing which was February 15, 2023 and the certificate of service on the same date. The affidavit and supporting evidence were e-filed just a day before the hearing as well as the certificate of service.
While the Court recognizes that relaxation of procedural rules may occur, it is only allowed in extraordinary circumstances; in this case, none exist. Thus, the trial court’s granting of the motion was in violation of Florida Rule of Civil Procedure 1.510(b), which requires that motions and evidence be filed at least 40 days before the hearing. Adhering to the rules of procedure is essential to avoid unfair surprise and prejudice.
The decision of the lower court was reversed without prejudice to refile the motion for summary judgment in accordance with rule 1.510.
The case may be found here: https://4dca.flcourts.gov/content/download/2435451/opinion/Opinion_2023-0800.pdf