- Cases applying the 2021 amendments to Florida Rule of Civil Procedure 1.510, often referred to as the summary judgment rule, are starting to filter through the appellate courts. The Fourth DCA recently applied portions of the rule which were changed by the amendment to two cases: Tucker v. LNV Corp., No. 4D22-984, 2023 WL 3606462 (Fla. 4th DCA May 24, 2023) and Brown v. Regan, No. 4D22-2352, 2023 WL 4094879 (Fla. 4th DCA June 21, 2023).
- In Tucker (a foreclosure case), the Fourth DCA found that a deficient record precluded reversal of a judgment which allegedly failed to contain the requisite “reasons for granting or denying the motion.” The appellant failed to provide a transcript for adequate review and failed to raise the alleged deficiencies in the judgment in a motion for rehearing rendering any deficiencies waived. The Court did reverse a portion of the judgment which awarded attorneys’ fees finding LNV Corp. failed to comply with the increased time requirement for filing the motion along with “[s]upporting factual positions” at least 40-days prior to the hearing.
- In Brown (a constructive trust case), the Fourth DCA found the summary judgment lacked the requisite factual findings, a new requirement of amended rule 1.510, because “the order only vaguely described the factual history of the underlying theft and fraud and did not recite the legal background ‘with enough specificity’ for appellate review.” The Court reversed the judgment which had imposed a constructive trust and remanded the matter for further proceedings.
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