Professional Liability

In this case, Florida’s Fourth District Court of Appeal addressed issues of timing with respect to summary judgment motions under Fla. R. Civ. P. 1.510(b). Beaches MRI appealed a trial court order granting summary judgment in favor of Safeco, arguing the trial court erred in granting summary judgment as Safeco’s motion and evidence in support of summary judgment were not filed at least 40 days prior to the hearing. The Fourth District agreed and reversed.

The district court held the requirements of Fla. R. Civ. P. 1.510(b) are clear in that it requires not just the summary judgment motion, but also the moving party’s supporting factual positions, to be filed at least 40 days before the scheduled hearing on such a motion “in all but extraordinary circumstances.” Here, Safeco filed its summary judgment motion on February 15, 2023, its supporting affidavit and evidence on February 22, 2023, and the summary judgment hearing was conducted on February 23, 2023. The court noted that Safeco did not make any attempt to argue or invoke the extraordinary circumstance exception to the timing requirement but, rather, argued that Beaches MRI suffered no prejudice from Safeco’s noncompliance.

The Fourth District rejected this lack of prejudice argument from Safeco, holding it is irrelevant in applying the timing requirements of Fla. R. Civ. P. 1.510(b) and that the timing requirements in the Rule must be followed unless there is a cogent, extraordinary circumstance hindering or preventing such compliance. 

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