I’m Reed Bloodworth, the managing partner of Bloodworth Law, with offices in Orlando and Winter Haven, Florida.
What Is a Summary Judgment?
Today, I’m going to answer the question: what is a summary judgment? In simple terms, the purpose of a summary judgment is to avoid unnecessary trials or to simplify the issues that go to trial.
In technical terms, a summary judgment is a procedure used in civil litigation to expediently dispose of a case without holding a trial.
But in order for a judge to issue a summary judgment, there can be no dispute as to the facts of the case, and the only issue left to decide is one of law. In civil litigation, a judge decides issues of law, whereas the trier of fact, usually a jury, decides issues of fact.
Who Issues a Summary Judgment?
When a judge issues a summary judgment it ends that issue of the case, or, potentially, the entire case. Any party may move for summary judgment and often, both parties will move for it.
In order to defeat a motion for summary judgment, an opposing party must produce or introduce evidence that contradicts the moving party’s version of the facts. That means there is a material dispute as to the facts of the case, and therefore, entering a summary judgment would be inappropriate.
Prevailing on a motion for summary judgment doesn’t always mean that you have won the case. Often, motions for summary judgment are used to narrow the facts and legal issues that are presented at trial.
When Is a Summary Judgment Possible?
To summarize, a summary judgment is only possible when there is no dispute as to the material facts in the case, and the party is entitled to a judgment pursuant to the controlling law.
Whether you’re facing an employment dispute, trust or probate litigation, business disputes, or personal injury protection litigation, the attorneys at Bloodworth Law will work tirelessly for you to find a resolution.
At Bloodworth Law, our goal is to provide the highest level of legal work to help businesses, families, and individuals to resolve legal issues no matter where they’re located in Florida. This is why at Bloodworth Law, we travel across the state for your case.
Again, I’m Reed Bloodworth. If you are dealing with a difficult legal dispute, give me a call. Let’s discuss how Bloodworth Law can help you or your family.