Get out your Arent Fox .1 billing sticks, we are about to learn how summary judgments work, courtesy of our blinkered bunkered be-robed bubbes:
In support of their motion for summary judgment, the Lawyers filed affidavits, depositions, and records reflecting evidence which, if it was the only evidence admitted at trial, would support a ruling in favor of the Lawyers. This presentation met the Lawyers’ burden as the movants for summary judgment. Once the movants made such a presentation, the burden shifted to the Tribe as the non-movant opposing the motion to either (1) come forward with conflicting evidence that created a disputed issue of material fact which, if decided in favor of the Tribe, would support a judgment for the Tribe; or (2) file an affidavit, pursuant to Florida Rule of Civil Procedure 1.510(f), describing with specificity the additional discovery needed to obtain such evidence. The Tribe did neither.Also this:
Summary judgment cannot fulfill its purpose “to test the sufficiency of the evidence to determine if there is sufficient evidence at issue to justify a trial or formal hearing on the issues raised in the pleadings,” The Florida Bar v. Greene, 926 So. 2d 1195, 1200 (Fla. 2006), if the non-moving party responds to a motion for summary judgment by refusing to reveal the evidence it intends to rely upon at trial, or by hiding the fact it has no evidence.Did I mention I also booked Civ Pro?
Wade v. Wade:
Anyone ever hear of a D.T. Wade?
Sounds vaguely familiar......