JESSICA PALTER, ETC.
v.
SUNSET PALM VILLAS CONDOMINIUM ASSOCIATION, INC.

Fla. 3d DCA | 2024-10-30
No. 3D2024-0203
Smith, Joel, J.
2024 FL 12473 Florida District Court of Appeal, Third District (2024) Positive Treatment

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Holding

Only competent evidence may be considered by the court in ruling upon a motion for summary judgment; documents attached to a motion or affidavit that are not otherwise authenticated are not competent evidence.


Headnotes

[1] Unauthenticated documents attached to a motion for summary judgment or supporting affidavit do not constitute competent evidence and may be disregarded in ruling on the m…

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Key Quotes

“only competent evidence may be considered by the court in ruling upon a motion for summary judgment”

The court's statement of the controlling legal principle regarding evidentiary requirements for summary judgment motions

Facts & Procedural History

Jessica Palter and others appealed a circuit court decision in Miami-Dade County regarding a condominium association matter.…

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Opinion of the Court

PER CURIAM.

“Because ‘only competent evidence may be considered by the court in ruling upon a motion for summary judgment,’ a document attached to a motion for summary judgment or a document attached to an affidavit that is not otherwise authenticated is not competent evidence.” Hatoum v. Citizens

Prop. Ins. Corp., 299 So. 3d 519, 519 (Fla. 3d DCA 2020) (quoting Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018)). See also Fla. R. Civ. P. 1.510(c)(2) (“A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.”).

Affirmed.


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