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The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2] The proper abbreviation for the rules is Fla.R.Civ.P. [3] The rules may be amended, or new rules added, from time to time and upon the approval of the Florida Supreme Court.
In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule). To defeat a summary-judgment motion, the non-moving party only has to show substantial evidence that a dispute of material ...
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5] In United States federal courts, JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure.
Summary execution, an execution in which a person is accused of a crime and then immediately killed without benefit of a full and fair trial. Summary judgment. A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209.
[35] [36] Miami-Dade Circuit Judge Sarah Zabel held a hearing in the case on July 2 and granted the plaintiffs' motion for summary judgment on July 25. She found that Florida's same-sex marriage ban and related statutes deprived couples due process and equal protection of the
The Tribe claimed that S–9 requires an NPDES permit because it moves phosphorus-laden water from C–11 into WCA–3, but the District contended that S–9's operation does not constitute the "discharge of [a] pollutant" under the Act. The District Court granted the Tribe summary judgment, and the Eleventh Circuit affirmed. [2]
The Church sued in the United States District Court for the Southern District of Florida. On June 10, 1988, U.S. District Judge Eugene P. Spellman granted absolute immunity to the individual city council members and the mayor. [12] On October 5, 1989, after a nine-day bench trial, Judge Spellman granted summary judgment to the city. [13]
The Court is the final arbiter of state law of Florida, and its decisions are binding authority for all other Florida state courts, as well as for federal courts when they apply Florida law. In most instances, the only appeal from the Florida Supreme Court is to the U.S. Supreme Court on questions of federal law. [1]
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