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).
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 judgment by the court that there are no genuine issues of material fact to litigate, and therefore trial is not necessary on a claim, so the court is summarily determining the merits of the case. Summary judgment might be appropriate, for example, where a marital settlement agreement states alimony is non-modifiable, and then a party files a petition to modify. This type of judgment was an issue in the case Meruelo v. Meruelo, 3D24-0992 (Fla. 3d DCA May 28, 2025).
