Pursuant to the recently amended Florida Rule of Civil Procedure 1.510(a) - A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought.
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
Rule 1.510(c)(1) - A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(B) Showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
By way of example:
2. John Smith owns Green Acres. (Exhibit 2)
Admitted that Green Acres is located at 123 Main Street. (Exhibit Denied that the property is vacant. (Exhibit 5)2. John Smith owns Green Acres. (Exhibit 2)
Denied as phrased. Admitted that the last recorded deed to Green Acres names John Smith. (Exhibit 2)
Remember, Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing, and Rule 1.510(5) requires the non movant to serve a response at least 20 days before the time fixed for the hearing.
