Summary Judgment in Florida: The Road Less Traveled
This article will first explore the origins of summary judgment in the Florida courts. Next, the Holl v. Talcot standard (the "Holl standard") shall be discussed. The discussion then turns to arguments in favor of maintaining the Holl standard, including the great costs which arise by the application of the standard, and ultimately, a discussion debunking those arguments. Finally, partial summary judgment shall be discussed, introducing its potential to assist the practitioner in achieving, in part, progress towards a more predictable and useful summary judgment process.
Leonard D. Pertnoy, Summary Judgment in Florida: The Road Less Traveled, 20 St. Thomas L. REV. 69 (2007).