On August 9, 2023, Chemere Ellis won summary judgment on behalf of her client in a commercial business dispute. The matter involved breach of contract claims filed against her clients, an individual and several of his corporate entities, in Hillsborough County Circuit Court. The Florida Rules of Civil Procedure permit trial courts to dismiss a claim on summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine dispute as to any material fact. On May 1, 2021, the Florida Supreme Court adopted the Federal summary judgment standard, which requires that the party opposing summary judgment present facts in dispute probative enough for a reasonable jury to find in his or her favor. This rule is intended to permit courts to grant more summary judgment motions, but since its enactment, Florida courts continue to deny more than 80% of the summary judgment motions filed in the jurisdiction.

With this in mind, Chemere identified critical undisputed facts uncovered during discovery to secure this favorable, yet very unlikely outcome. Chemere filed and argued the summary judgment motion, highlighting the new standard and the facts and substantive law entitling her clients to summary judgment.  After the hearing, the court granted summary judgment in favor of her clients and dismissed all counts filed against them. Chemere is thrilled to have obtained this favorable outcome for her clients, especially in light of such unfavorable odds.

For more information about breach of contract matters, business and commercial disputes, and moving for summary judgment in state and federal court, feel free to contact Chemere Ellis at cellis@chemereellis.com.