Ana B. Sanz v. Barbara Mena Herrera

Summary

The Florida Third District Court of Appeal affirmed a final order granting summary judgment in favor of Barbara Mena Herrera. The court discussed the standards governing summary judgment and emphasized that unsworn or unauthenticated documents do not constitute competent evidence under Florida Rule of Civil Procedure 1.510.

Holdings

1. Summary judgment is proper when the movant demonstrates that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law; the nonmoving party must then present counterevidence showing a genuine dispute.
2. A party cannot satisfy the procedural requirements of Florida Rule of Civil Procedure 1.510(e) merely by attaching unsworn or unauthenticated documents to a summary-judgment motion. An unauthenticated document is not competent evidence unless otherwise authenticated.

Questions Presented

1. Whether the circuit court properly granted summary judgment under Florida's summary-judgment standard.
2. Whether unsworn or unauthenticated documents may satisfy the procedural requirements for evidence supporting a motion for summary judgment.

Disposition

affirmed