Legal Question in Civil Litigation in Florida
What does it mean when a pleading says that: "the issue presents a question of law"?
Does it mean a question of whether there is vs there is no genuine issue of material fact; therefore a party is entitled to Judgement as a matter of law??
Asked on 9/04/11, 2:39 pm
1 Answer from Attorneys
Thomas Shigo
The Shigo Law Firm, P.A.
It probably means that the other party is asking the judge to rule on the issue without having to conduct an evidentiary hearing or trial. In some way the believe that the material facts (facts needed to apply the applicable law) are not in dispute. So, Yes, it does appear that the other party is telling the judge that they are entitled to a judgement as a matter of law. It doesn't mean that they are right or that it is true.
Answered on 9/04/11, 3:49 pm
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