Posted by Nydia Streets of Streets Law in Florida Divorce

What is a summary judgment in a Florida divorce and when is it granted? When a party files a motion for summary judgment, he or she is saying to the court that there is no dispute as to one or all of the issues in the case, and there is no need to go to trial on those issues because it would be a waste of time where certain facts are undisputed. So summary judgment is granted when a party shows that both sides admit certain facts that are elements of a claim made in a case. The recent appellate matter Rios v. Quiala, 3D18-898 (Fla. 3d DCA September 11, 2019) is an example of summary judgment and how it is applied in a Florida family law case.

During the parties’ marriage, 10 years prior to the former husband filing for divorce, the parties entered a contract in which the former husband accepted $80,000 in exchange for a quitclaim deed to the former wife giving her all of the former husband’s rights, title and interest in the marital home. The former husband used the $80,000 to pursue his own stock market investments. When he filed for divorce, the former husband claimed the home was marital and that he was still entitled to an interest in the home despite executing the aforementioned contract.

The former wife filed a motion for summary judgment, asserting there was no dispute as to her ownership of the marital home and that the court should enter a judgment awarding the home to her. The former husband admitted to signing the contract and receiving the money. There was no dispute the former wife paid for the house from her own earnings. After a hearing, the court granted the motion for summary judgment and awarded the house to the former wife. Subsequently, a trial was held on the remaining issues in the case, and the court entered a final judgment incorporating its order on summary judgment. The former husband appealed, arguing the trial court committed reversible error when it granted the former wife’s motion for summary judgment.

The appellate court disagreed with the former husband, holding “The record reveals the trial court appropriately evaluated the evidence in light of applicable contract law. ‘The law is well established that two or more documents executed by the same parties, at or near the same time, and concerning the same transaction or subject matter are generally construed together as a single contract.’ ‘Where contracts are clear and unambiguous, they should be construed as written, and the court can give them no other meaning.’ Courts "may not substitute their judgment for that of the parties in order to relieve one from an alleged hardship of an improvident bargain’” (internal citations omitted).

Thus, summary judgment was upheld in this case. Summary judgment may save both parties a lot of time and money that could otherwise be spent litigating an issue which is undisputed. To see how or if summary judgment may benefit your Florida family law case, contact a Miami family law attorney for a consultation.