Wednesday, January 25, 2012

Summary Judgment Affidavits

In Helping Hand Private Foundation, Inc. v. Ocean Palm Beach Club, Inc. (5D10-4403), the Fifth District reminded that when filing a summary judgment motion, "supporting affidavits are required to be 'made on personal knowledge, . . . set forth such facts as would be admissible in evidence, and . . . show affirmatively that the affiant is competent to testify to the matters stated therein.'” The court also pointed out that it had previously reversed a summary judgment order involving the same parties on the same grounds. Helping Hand Private Foundation, Inc. v. Ocean Palms Beach Club, Inc., 71 So. 3d 201 (Fla. 5th DCA 2011).


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