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Senate Resolution

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A resolution encouraging the Florida Supreme Court to

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amend the Rules of Procedure to authorize a party to

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appeal an order denying a motion for summary judgment.

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     WHEREAS, a motion for summary judgment is a request by a

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litigant to the court to enter judgment without a trial because

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there are no issues of material fact, and

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     WHEREAS, summary judgment is a procedure that allows a

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litigant to resolve a claim if one party is entitled to prevail

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as a matter of law, and

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WHEREAS, the purpose of summary judgment is to protect

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litigants from having to bear trial costs when triable issues do

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not exist, and

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     WHEREAS, summary judgment promotes efficiency in the

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allocation and use of limited judicial resources and thereby

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promotes public confidence in the state court system, and

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     WHEREAS, Section 4 of Article V of the State Constitution

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vests with the Florida Supreme Court the power to provide by

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Rules of Court for the review of interlocutory orders such as the

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denial of a motion for summary judgment, and

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     WHEREAS, under the Rules of Procedure, a defendant typically

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is not entitled to the immediate appeal of a denial of a motion

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for summary judgment, and

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     WHEREAS, the Florida Supreme Court has declared that the

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Constitution does not authorize the Legislature to provide for

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interlocutory review and that a statute purporting to grant

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interlocutory appeals is solely a declaration of policy, and

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     WHEREAS, the inability to appeal immediately the denial of a

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motion for summary judgment frustrates the beneficial objectives

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of summary judgment to the detriment of the public, and

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     WHEREAS, the Senate believes summary judgment is a critical

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tool to facilitate expeditious and economical resolution of legal

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matters, and

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     WHEREAS, the Legislature believes a defendant should have

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the ability to appeal immediately a denial of a motion for

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summary judgment, NOW, THEREFORE,

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Be It Resolved by the Senate of the State of Florida:

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     That the Senate encourages the Florida Supreme Court, in

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consultation and cooperation with the Court Rules Committees of

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The Florida Bar, trial and appellate judges, and other

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practitioners, to adopt rules authorizing a party to appeal an

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order of a trial court in a civil action which denies a motion

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for summary judgment; and that the Senate encourages the Supreme

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Court to provide in the rules for the trial court to issue a

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written order and explanation denying a motion for summary

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judgment, for submission of summary judgment evidence into the

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record of the trial court in support of or opposition to the

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motion for summary judgment, for the matter to be transmitted to

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the appellate court solely on the basis of the summary judgment

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motion, and for the appellant to submit a simplified brief in

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support of the appeal which does not reargue matters discussed in

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the trial court's order.

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     BE IT FURTHER RESOLVED that a copy of this resolution be

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presented to the Chief Justice of the Florida Supreme Court and

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to the President of The Florida Bar as a tangible token of the

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sentiments expressed in this resolution.