Summary judgment in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is summary judgment in a Florida family law case? This is a procedure in which a party requests the court to grant or deny a petition without going to a trial or having further proceedings because the evidence in the case so far shows that there is nothing to dispute at trial. A party can attach affidavits to a motion for summary judgment for the court to consider in making its ruling. This was an issue in the case Sanz v. Herrera, 3D24-2046 (Fla. 3d DCA October 3, 2025).

In this non-family law case, the court granted a motion for summary judgment which was appealed. Citing the following:

A party cannot simply attach unsworn or unauthenticated documents to a motion for summary judgment and satisfy the procedural requirements of Florida Rule of Civil Procedure 1.510(e). Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018) (citing Freiday v. OneWest Bank, 162 So. 3d 86, 87 (Fla. 4th DCA 2014)).

The court concluded “‘Because ‘only competent evidence may be considered by the court in ruling upon a motion for summary judgment,’ a document attached to a motion for summary judgment or a document attached to an affidavit that is not otherwise authenticated is not competent evidence.’ Gidwani, 248 So. 3d at 208 (quoting Daeda v. Blue Cross & Blue Shield of Fla., Inc., 698 So. 2d 617, 618 (Fla. 2d DCA 1997)). On the record before us, we find no reversible error and affirm.”

This post should not be construed as legal advice since application of Florida family law rules to the facts of each case may vary. For this reason, you should consult with a Miami family law attorney for specific advice about your case.