In short: Since May 1, 2021, Florida applies the federal summary judgment standard: judgment is entered if there is no genuine dispute of material fact, and a party who would bear the burden at trial must come forward with real evidence. Since 2025, the response is due 40 days after the motion is served, and the hearing must be at least 10 days later.
Summary judgment lets a court decide a case on the papers. In Florida, that became much easier in 2021.
The 2021 Change
For decades, Florida courts denied summary judgment if the slightest doubt existed about a fact. In 2020 the Florida Supreme Court adopted the federal standard from Celotex, Anderson, and Matsushita, and the amended rule took effect May 1, 2021. Now:
- The question is whether a reasonable jury could find for the non-moving party on the evidence.
- A party that will bear the burden of proof at trial can’t rely on its pleadings. It must cite record evidence: depositions, documents, affidavits, admissions.
- The judge must state on the record the reasons for granting or denying the motion.
The 2025 Timing Change
Effective January 1, 2025, Rule 1.510(b) requires the non-moving party to serve its response, with its supporting evidence, no later than 40 days after service of the motion. Any hearing must be set at least 10 days after the response deadline. Miss the response deadline and your evidence may never be considered.
Why It Matters in Foreclosure, Probate, and Real Estate Cases
These cases are document-heavy, and many are now decided on summary judgment. A homeowner, beneficiary, or buyer who waits for trial to explain the defense may never get there.
How to Defeat a Motion
- Identify every element the movant must prove and the evidence it cites for each.
- Answer with specific record evidence, not argument. A sworn declaration based on personal knowledge, a deposition excerpt, or a document creates a genuine dispute.
- Point out what the movant didn’t prove, especially conditions precedent and damages.
- If you need discovery to respond, say so specifically and early under Rule 1.510(d).
Classic Errors
The appellate arguments below include judgments reversed because a court shifted the burden to the wrong party, ruled while discovery was pending, or fast-tracked a motion while the opposing lawyer was on leave. Those arguments are preserved only when raised in the trial court.
Watch: the videos behind this article
THE COURT SHORT CIRCUIT: How Rule 1.510 Ends Florida Cases Without a Trial
FLORIDA COURT KILL SHOT: Rule 1.510 Summary Judgment Revolution
FLORIDA OOURT KILL SHOT: Rule 1.510 Summary Judgment Revolution
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over summary judgments entered under the old and new rules, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Three Classic Summary Judgment Errors — Starting With Shifting the Burden to the Plaintiff
Summary Judgment Granted While Discovery Was Still Pending! | Madam | 23-0946
Attorney on Maternity Leave — Judge Fast-Tracked Summary Judgment Before Discovery Was Done
Unopposed Facts Still Carry Inferences — Why This Summary Judgment Should Not Stand
Go Deeper
Frequently Asked Questions
What is the summary judgment standard in Florida?
Since May 1, 2021, the federal standard: judgment is proper if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
How long do I have to respond to a motion for summary judgment in Florida?
Since January 1, 2025, 40 days after service of the motion under Rule 1.510(b).
When can a summary judgment hearing be held?
At least 10 days after the response deadline, unless the parties agree or the court orders otherwise.
Can I defeat summary judgment with my pleadings?
No. You must cite record evidence that creates a genuine dispute of material fact.
Talk to a Florida litigation lawyer
Weidner Law, P.A. handles Florida civil litigation and appeals from St. Petersburg. To have your case reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the Florida Rules of Civil Procedure, Appellate Procedure, and Judicial Administration are all on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
