Legal Topics

TRIAL COURT MUST STATE ITS REASONS FOR GRANTING A MOTION FOR SUMMARY JUDGMENT

Sep 12th, 2025 in by admin

Open Range Properties LLC v. Amerihome Mortgage, 50 Fla. L. Weekly D1396 (Fla. 5th DCA June 27, 2025):

The Florida Supreme Court’s significant revisions to the summary judgment rule in 2021, now require that the courts state on the record the reasons for granting or denying the motion for summary judgment pursuant to Rule 1.510(a).

The Supreme Court has explained that the wording of the new rule makes clear that the trial court’s obligation is mandatory, and that it is not enough for the trial court to make a conclusory statement in its order, where it simply finds that there is or is not a genuine dispute as to a material fact. Rather, the trial court must state the reasons for its decision with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review.

Because the order in the case before the court did not comport with the rule’s specificity requirement, the appellate court reversed and remanded for more.

TRIAL COURT MUST STATE ITS REASONS FOR GRANTING A MOTION FOR SUMMARY JUDGMENT

Open Range Properties LLC v. Amerihome Mortgage, 50 Fla. L. Weekly D1396 (Fla. 5th DCA June 27, 2025):

The Florida Supreme Court’s significant revisions to the summary judgment rule in 2021, now require that the courts state on the record the reasons for granting or denying the motion for summary judgment pursuant to Rule 1.510(a).

The Supreme Court has explained that the wording of the new rule makes clear that the trial court’s obligation is mandatory, and that it is not enough for the trial court to make a conclusory statement in its order, where it simply finds that there is or is not a genuine dispute as to a material fact. Rather, the trial court must state the reasons for its decision with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review.

Because the order in the case before the court did not comport with the rule’s specificity requirement, the appellate court reversed and remanded for more.