TRIAL COURT DID NOT ABUSE DISCRETION IN FAILING TO CONSIDER DEFENDANT’S UNTIMELY RESPONSE TO SUMMARY JUDGMENT MOTION

Wellons v. Broward Water Consultants, 50 Fla. L. Weekly D1888 (Fla. 3rd DCA Aug. 20, 2025):

The defendants appealed the trial court’s entry of final summary judgment for the plaintiff. In addition to attacking the merits of the motion, they also alleged that the trial court abused its discretion by not considering their response.

The court disagreed and affirmed.

When a non-movant fails to timely serve a response required by the rule, the trial court has the discretion to consider the facts as “undisputed,” and to grant summary judgment in favor of the movant, if the motion and supporting materials show entitlement to it.