Janete Moran, et al. v. Citizens Property Insurance Corporation, Circuit Court, 11th Judicial Circuit in and for Miami-Dade County, Case No. 2021-024641-CA-01

Court denies defendant’s motion for summary judgment for failing to strictly comply with Fla. R. Civ. P. and case management order and sanctions defendant.

The court denied the defendant’s motion for final summary judgment because the defendant’s amended expert affidavit in support of its motion was not filed until 21 days before the hearing, in violation of Fla. R. Civ. P. 1.510(c)(5). This rule states that at the time of filing a motion for summary judgment, the movant must also serve the movant’s supporting factual position. Furthermore, a movant must also serve the motion for summary judgment at least 40 days before the time fixed before the hearing. Fla. R. Civ. P. 1.510(b). As such, the affidavit was untimely. [The court also found the plaintiff’s affidavit created a genuine issue of material fact].

Furthermore, the defendant filed its summary judgment motion four and a half months after the court’s case management order deadline, which had already been extended, did not have the matter noticed until ten months later and did not have admissible supporting evidence until a month after notice of the hearing, in clear violation of the court’s case management deadlines. 

The court awarded sanctions to the plaintiff for having to respond to the defendant’s untimely summary judgment motion and having to prepare for and attend the subject hearing. 


 

Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.