How long after the motion for summary judgment is filed will the summary judgment be final?

Asked over 4 years ago - Bradenton, FL

The motion for summary judgment has been filed but nothing else after that.

Attorney answers (3)

  1. Jeffrey Scott Goethe

    Contributor Level 13

    Answered . If you are a dendant in a legal proceeding, you should never consider advice from anyone who is not an attorney licensed in the state where your case is pending. I would not suggest that you attempt to review the court rules on your own. As a member of the Florida Proabte Rules Committee, I know that the rules are constantly changing to adapt to new situations and even the best attorneys will disagree on the application of the rules.

    Under Florida law, Motions for Summary Judgment are not reviewed by the court without a hearing. If you are in a foreclosure proceeding, you should seek legal advice. The high volume of cases faced by local courts means hearings go very quickly and you must not miss any deadlines. If you disagree with the facts set forth in the other parties affidavit, you can file an affidavit stating the basis for your disagreement, but it has to filed with the court and mailed to the other party. Your affidavit must be mailed at least 5 days prior to the hearing or delivered to the other attorney's office at least 2 days prior to the hearing.

    Florida attorneys are offering a lot of help to homeowners in foreclosure actions. In Bradneton, the Bar Association Legal Aid Association offers some basic guidance on filing an answer. The summons you would receive in a foreclosure summons also contains some in important contact information that is available if your home is being foreclosed.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . Attorney Jao's advice about the timing of the motion is right.

    If the motion has been filed agianst you, and your post does not say, what are you waiting for? File an affidavit contesting it immediately, raising facts that are material to the case and that are contested.

    Otherwise, if you are the one who filed the motion, you must wait until the other side has had the opportunity to object and file an affidavit.

    Again, each court has its own rules. I am not licensed to practice in Florida, but I do know that your state's court rules are available on line. So, use your favorite search engine to locate the time period you are looking for. Of course, determining how those rules apply to any given case requires legal advice, which I highly reccomend that you get.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  3. James Juo

    Contributor Level 16

    Answered . Different courts have different schedules for when the various papers (e.g., the opening motion, the opposition, and the reply) in connection with a motion for summary judgment are to be filed. Several weeks is typical, but it varies with local practice. After all of the papers from both sides are filed, the court may decide the motion with or without a hearing. I have seen courts decide motions for summary judgment decided within a week after all the papers were filed, and I have seen motions decided after a year has passed. There is no uniform rule for "how long" a court can take to decide a summary judgment motion.

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