Family law attorneys rarely seek summary judgment in divorce, paternity, and family law cases. But, marital and family law attorneys should be aware that summary judgment is more achievable in family law cases, especially motions for partial summary judgment. A partial summary judgment is when a party seeks final determination of an issue in a family law case, as opposed to judgment on the whole case.

For example, a party in a divorce case might seek partial summary judgment on whether property is marital or non-marital. Partial summary judgment might also be appropriate on the portion of a military retirement that is subject to equitable distribution. In a post-judgment case, summary judgment or partial summary judgment might be appropriate on whether something qualifies as a substantial change in circumstances. Importantly, a motion for summary judgment also flushes out the facts a party might (or might not) have to support their legal position. In a paternity case, a father might seek summary judgment that he is the legal father, that paternity was previously established, or that he is a natural guardian of the child or children.

Florida courts recently modified the Florida summary judgment standard to make summary judgment easier to achieve for the moving party. The same standard applies in Florida family law cases. The purpose of this blog is to help family law attorneys better understand the new summary judgment standard and how a motion for summary judgment or partial summary judgment might be used to achieve results in a family law case.

Nearly identical to the corresponding rule of civil procedure, Florida Family Law Rule of Procedure 12.510(a) provides the standard for granting summary judgment in family cases. Blew v. Blew, 48 Fla. L. Weekly D653a (Fla. 4th DCA Mar. 29, 2023).

The summary judgment standard provided for in Rule 12.510 must now “be construed and applied in accordance with the federal summary judgment standard.” See Fla. Fam. L.R.P. 12.510(a); see also Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).

The summary judgment procedure is not longer a “disfavored procedural shortcut.” Courts are required to view summary judgment as an integral part of rules aimed at “the just, speedy and inexpensive determination of every action.” See In Re Amendments to Florida Rule of Civil Procedure 1.510, 317 So. 3d 72, 75 (Fla. 2021) (citing Celotex, 477 U.S. at 327).

Under the federal summary judgment standard, when “opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” See In Re Amendments to Florida Rule of Civil Procedure 1.510, 317 So. 3d 72, 76 (Fla. 2021) (quoting Scott v. Harris, 550 U.S. 372, 380 (2007)); see also Lloyd S. Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131, 1134 (Fla. 4th DCA 2022).

“In Florida it will no longer be plausible to maintain that ‘the existence of any competent evidence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the slightest doubt is raised.’” See Lloyd S. Meisels, 341 So. 3d at 1134 (quoting In Re Amendments to Florida Rule of Civil Procedure 1.510, 317 So. 3d at 75-76).

On its face, the new Rule 12.510 requires that a court must grant a motion for summary judgment “if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fla. Fam. L.R.P. 12.510(c).

“Genuine disputes are those in which the evidence is such that a reasonable factfinder could return a decision for the nonmoving party.” Ibarra v. Ross, 350 So. 3d 465, 467 (Fla. 2d DCA 2022).

A material fact is one that is essential to the resolution of the legal questions raised in the case. See Crescent Shore Condo. Ass’n. v. Kai, 330 So. 3d 582, 587 (Fla. 2d DCA 2021); Howell v. Pasco County, 165 So. 3d 12, 14 (Fla. 2d DCA 2015).

The non-moving party must present affirmative evidence in order to defeat a properly supported motion for summary judgment. See Hohns v. Thompson, 350 So. 3d 788, 792 (Fla. 5th DCA 2022).

The Court is entitled to enter summary judgment against a party who fails to file a response to a properly supported motion for summary judgment. See Lloyd S. Meisels, 341 So. 3d at 1136.

A motion for summary judgment or motion for partial summary judgment can be an invaluable tool in family law cases for narrowing the issues for trial or flushing out the opposing party’s evidence supporting an allegation. A key to using this tool effectively in family law cases is closely following Rule 12.510, serving the proper notice, and adhering to the timelines established by the Rule.