Opinion
CASE NO.: SC19-1336
10-15-2019
WILSONART, LLC, ET AL. Petitioner(s) v. MIGUEL LOPEZ, ETC. Respondent(s)
Lower Tribunal No(s).: 5D18-2907; 492018CA000237ANXXXX
The Court accepts jurisdiction of this case. In addition to the certified question, the parties shall address in their briefs on the merits the following questions:
Should Florida adopt the summary judgment standard articulated by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986)? If so, must Florida Rule of Civil Procedure 1.510 be amended to reflect any change in the summary judgment standard?
Petitioner's initial brief on the merits must be served on or before November 4, 2019; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.
The Clerk of the Fifth District Court of Appeal must file the record which must be properly indexed and paginated on or before December 16, 2019. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. POLSTON, LABARGA, LAGOA, LUCK, and MUÑIZ, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court kj
Served: JACQUELINE M. BERTELSEN
TONY BENNETT
SEAN MICHAEL MCDONOUGH
EDWARD G. GUEDES
HON. JOANNE P. SIMMONS