June 19, 2024


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Florida Probate Court Reversed For Failing To Follow New Summary Judgment Rule

In Jones v. Ervolino, a Could 18, 2022 impression from the Florida Third District Court of Enchantment, the probate court was reversed for failing to comply with Florida’s new summary judgment rule enacted in May possibly 2021.  The Could 2021 new summary judgment rule applies to adjudication of any summary judgment motion resolved on or following Might 1, 2021.

The Information of Jones v. Ervolino

Bernard Jones submitted a petition for administration in Florida probate courtroom right after the death of Ronald David Scheffler.  Jones claimed he was the sole beneficiary less than Scheffler’s will, and sought to be appointed as the particular agent of the estate.

Kathryn Ervolino, decedent’s niece, filed a individual petition for administration and sought to be appointed as the private consultant.  Ervolino claimed that decedent died devoid of a valid will.

Just after discovery was executed, Ervolino filed a movement for summary judgment arguing that the will was invalid as a subject of law pursuant to part 732.502(1)(c), Fla. Stat., (the statute governing the execution of wills in Florida) and that the estate really should proceed by intestate administration.

The demo courtroom granted summary judgment in favor of Ervolino, stating:

The Courtroom possessing listened to from all the get-togethers, the Court grants the movement for summary judgment. The Court enters a last judgment denying the amended petition to probate will. The Court docket grants the petition for intestate administration. The Courtroom appoints Kathryn Ervolino as individual agent of the estate.

The Florida probate court subsequently entered a composed summary judgment get supplying:

Kathryn Ervolino’s petition for intestate administration is granted. Kathryn Ervolino’s Motion for Summary Judgment is granted. Bernard Jones’s amended petition for testate administration and imposition of a constructive belief is respectfully denied.

This enchantment adopted.

What Is Required Underneath the New Florida Summary Judgment Rule?

New Florida Rule of Civil Treatment 1.510 was enacted in May perhaps 2021 and governs summary judgment proceedings in Florida.

The summary judgment rule has numerous new requirements that govern summary judgment in Florida, including the time to serve a motion (should be at least 40 times before the listening to) and a much more liberal summary judgment standard in line with the federal rule.  For an in-depth dialogue, go through A Primer on Florida’s New Summary Judgment Regular.

In this circumstance, the concern was the prerequisites for an order granting summary judgment.

Factors For Granting Or Denying Summary Judgment Should Be Stated On the History

The good reasons for granting or denying summary judgment less than the new Florida rule Need to be said on the file.

Florida Rule of Civil Method 1.510(a) delivers that:

A bash may perhaps go for summary judgment, determining each individual assert or defense-or the component of every single claim or protection-on which summary judgment is sought. The court docket shall grant summary judgment if the movant reveals that there is no genuine dispute as to any materials actuality and the movant is entitled to judgment as a matter of law. The court docket shall state on the document the reasons for granting or denying the movement. The summary judgment standard delivered for in this rule shall be construed and applied in accordance with the federal summary judgment conventional.

The Florida appellate court docket established that the probate court did not comply with this need of the summary judgment rule:

“To comply with this requirement, it will not be adequate for the courtroom to make a conclusory statement that there is or is not a real dispute as to a product simple fact. The court will have to point out the explanations for its final decision with enough specificity to offer practical steering to the events and, if required, to permit for appellate critique.” In re Amends. to Fla. R. of Civ. P. 1.510, 317 So. 3d at 77. A mere pronouncement the court docket has granted or denied these a motion fails to comply with the rule as it does not comprise motives for granting or denying the motion. Right here, neither the trial court’s oral pronouncement nor its penned get supply the important specificity to offer beneficial advice or allow for appellate critique. “On a systemic degree . . . this need is critical to making certain that Florida courts embrace the federal summary judgment common in apply and not just on paper.” In re Amends. to Fla. R. of Civ. P. 1.510, 317 So. 3d at 77.

The appellate court docket reversed and remanded to the Florida probate court for entry of an purchase that complies with the amended summary judgment rule.  The new Florida summary judgment rule requires some obtaining employed to, and this case is a superior reminder for practitioners to make confident your summary judgment buy complies with its demands.

Come across your Florida probate attorney.