COURT AFFIRMS SUMMARY JUDGMENT BASED ON DEFENDANT’S SHOWING OF AN ABSENCE OF PROOF TO SUPPORT THE MOVANT’S CASE

Septentriona Domus, LLC v. Keystone Morgan Real Estate, 50 Fla. L. Weekly D663 (Fla. 3rd DCA Mar. 19, 2025):

As the non-movant for summary judgment bears the burden of proof at trial, a party moving for summary judgment need only demonstrate that there is an absence of proof to support the issue.

The corollary to that rule is that a movant seeking summary judgment need not present evidence when the burden of persuasion at trial is on the non-movant. Once the moving party demonstrates an absence of proof, it is incumbent upon the non-moving party to come forward with evidentiary material demonstrating that a genuine issue of material fact exists as to an element necessary for the non-movant to prevail at trial. Even if the non-movant presents evidence, if that evidence is merely colorable or not significantly probative, the trial court may grant summary judgment.

The non-movant’s evidence must be of sufficient weight and quality that reasonable jurors could find by a preponderance of the evidence that the non-movant is entitled to a verdict.

Because the non-movant failed to make any showing that there existed a genuine issue of fact regarding any of the claims, the trial court properly entered summary judgment.