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SUMMARY JUDGMENTS MAY ONLY BE GRANTED WHEN THE EVIDENCE IS SUCH THAT A REASONABLE JURY COULD RETURN A VERDICT FOR THE NON-MOVING PARTY AND THE EVIDENCE HAS BEEN AUTHENTICATED

Jan 09th, 2026 in by admin

Sanz v. Herrera, 50 Fla. L. Weekly D2253 (Fla. 3d DCA Oct. 15, 2025):

In a case with no facts, the court addressed some important standards in the consideration of a motion for summary judgment.

A dispute is ‘genuine’ when the evidence is such that a reasonable jury could return a verdict for the non-moving party. Conversely, if the evidence is merely colorable or lacks significant probative value, summary judgment may be granted.

Also, a party cannot simply attach unsworn or unauthenticated documents to a motion for summary judgment to satisfy the procedural requirements of Rule 1.510(e). Only competent evidence may be considered by the court in ruling on a motion for summary judgment. A document attached to a motion for summary judgment or document attached to an affidavit that is not otherwise authenticatedis not considered competent evidence.