Seth B. Altman

The court denied the defendant’s motion for final summary judgment because the defendant’s amended expert affidavit in support of its motion was not filed until 21 days before the hearing, in violation of Fla. R. Civ. P. 1.510(c)(5). This rule states that at the time of filing a motion for summary judgment, the movant must also serve the movant’s supporting factual position. Furthermore, a movant must also serve the motion for summary judgment at least 40 days before the time fixed before the hearing. Fla. R. Civ. P. 1.510(b). As such, the affidavit was untimely. [The court also found the plaintiff’s affidavit created a genuine issue of material fact].

Furthermore, the defendant filed its summary judgment motion four and a half months after the court’s case management order deadline, which had already been extended, did not have the matter noticed until ten months later and did not have admissible supporting evidence until a month after notice of the hearing, in clear violation of the court’s case management deadlines. 

The court awarded sanctions to the plaintiff for having to respond to the defendant’s untimely summary judgment motion and having to prepare for and attend the subject hearing. 

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