Legal Question in Legal Ethics in Florida

Re: Plaintiff's Attorney &Summary Judgment

Florida's Rules of Civil Procedure are patterned after the Federal Rules of Civil Procedure. Summary Judgment is only appropriate when there is no material fact in dispute. When a Motion for Summary Judgment is filed, generally the moving party attaches affidavits or portions of depositions of sworn testimony. These must be delivered to the opposing side under deadlines. The opposing party (you) has a specified period of time in which to file countervailing affidavits or sworn testimony to rebut whatever is said to be not in dispute by the other side. Normally hearings are noticed well in advance of the hearing date and usually by agreement of the two attorneys. Learning the day of hearing on a motion for summary judgment is a little late to do anything at all. Suggest you seriously consider seeking immediate advice from another counsel who is a member of The Florida Bar and who does civil practice.