Summary
reversing summary judgment order and remanding for the trial court to explain its reasoning for granting summary judgment
Summary of this case from Ballard v. Bank of Am.Opinion
No. 4D21-2665
08-03-2022
RKHUB LOGISTICS LLC, Hubbell Enterprises Inc., and Robert Keith Hubbell, Appellants, v. EASTERN AUTO MOTOR CORP., Appellee.
Riley W. Cirulnick of Lorium Law, Fort Lauderdale, for appellants. No appearance for appellee.
Riley W. Cirulnick of Lorium Law, Fort Lauderdale, for appellants.
No appearance for appellee.
Kuntz, J. The Florida Supreme Court recently amended the rule governing summary judgment in Florida. Lloyd S. Meisels, P.A. v. Dobrofsky , No. 4D21-2397, 2022 WL 2057777, at *2 (Fla. 4th DCA June 8, 2022) (citation omitted). Relevant to this appeal is the portion of Florida Rule of Civil Procedure 1.510 requiring the trial court to state the reasons for granting or denying the summary judgment motion on the record. Fla. R. Civ. P. 1.510(a) (2021).
The rule requires the court to "state on the record the reasons for granting or denying the motion." Id . And "[t]he wording of the new rule makes clear that the court's obligation in this regard is mandatory." Jones v. Ervolino , 339 So.3d 473, 475 (Fla. 3d DCA 2022) (quoting In re Amends. to Fla. R. Civ. P. 1.510 , 317 So. 3d 72, 77 (Fla. 2021) ).
The record here does not include the court's reasons for granting the summary judgment motion. We reverse the summary judgment order and remand to allow the court an opportunity to do so. On remand, "it will not be enough for the court to make a conclusory statement that there is or is not a genuine dispute as to a material fact." In re Amends. to Fla. R. of Civ. P. 1.510 , 317 So. 3d at 77. Instead, either at a hearing or in a written order, "[t]he court must state the reasons for its decision with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review." Id .
Reversed and remanded.
Warner and Gross, JJ., concur.