HB 1541

1
A bill to be entitled
2An act relating to summary judgment; encouraging the
3Florida Supreme Court to adopt rules authorizing a party
4to appeal an order denying a motion for summary judgment;
5specifying rule criteria; providing an effective date.
6
7     WHEREAS, a motion for summary judgment is a request by a
8litigant to the court to enter judgment without a trial because
9there are no issues of material fact, and
10     WHEREAS, summary judgment is a procedure that allows a
11litigant to resolve a claim if one party is entitled to prevail
12as a matter of law, and
13     WHEREAS, the purpose of summary judgment is to protect
14litigants from having to bear trial costs when triable issues do
15not exist, and
16     WHEREAS, summary judgment promotes efficiency in the
17allocation and use of limited judicial resources and thereby
18promotes public confidence in the state courts system, and
19     WHEREAS, Section 4 of Article V of the State Constitution
20vests with the Florida Supreme Court the power to provide by
21Rules of Court for the review of interlocutory orders such as
22the denial of a motion for summary judgment, and
23     WHEREAS, under the Rules of Procedure, a defendant
24typically is not entitled to the immediate appeal of a denial of
25a motion for summary judgment, and
26     WHEREAS, the Florida Supreme Court has declared that the
27State Constitution does not authorize the Legislature to provide
28for interlocutory review and that a statute purporting to grant
29interlocutory appeals is solely a declaration of policy, and
30     WHEREAS, the inability to immediately appeal the denial of
31a motion for summary judgment frustrates the beneficial
32objectives of summary judgment to the detriment of the public,
33and
34     WHEREAS, summary judgment is a critical tool to facilitate
35expeditious and economical resolution of legal matters, and
36     WHEREAS, a party should have the ability to immediately
37appeal a denial of a motion for summary judgment, NOW,
38THEREFORE,
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  The Legislature encourages the Florida Supreme
43Court, in consultation and cooperation with the Court Rules
44Committees of The Florida Bar, trial and appellate judges, and
45other practitioners, to adopt rules authorizing a party to
46appeal an order of a trial court in a civil action which denies
47a motion for summary judgment. The Legislature further
48encourages the Supreme Court to provide in the rules:
49     (1)  For the trial court to issue a written order
50explaining the basis of the denial of a motion for summary
51judgment.
52     (2)  For the matter to be transmitted to the appellate
53court solely on the basis of the summary judgment motion.
54     (3)  For the appellant to be authorized to submit a
55simplified brief to the appellate court in support of the
56granting of discretionary review.
57     (4)  For the case to continue in the trial court until
58discretionary review is granted, at which time the appellate
59court would temporarily assume jurisdiction until the appeal was
60resolved.
61     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.