What is the difference between a motion to dismiss and a motion for summary judgment?

A motion to dismiss and a motion for summary judgment are two different types of motions used in civil procedure in Florida. They are both used by a defendant to end a lawsuit early in the proceedings. A motion to dismiss is typically used when the case is lacking in legal merit. This type of motion typically asks the court to dismiss the case before trial. The court must determine if the facts as presented are legally sufficient to proceed and the motion puts the burden of proof on the defendant. A motion for summary judgment is a motion used when the facts of the case are not in dispute, but there is a legal question that needs to be determined. This type of motion is based on the legal arguments made by the defendant and asks the court to determine the outcome of the lawsuit without a trial. The defendant bears the burden of proof with a motion for summary judgment. A motion to dismiss is used if the facts do not meet the required legal elements to proceed, while a motion for summary judgment is used when the facts are not in dispute but there is a legal question that needs to be decided. In either case, the motion can end the lawsuit without the need for a trial.

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What is the difference between a motion to dismiss and a motion for summary judgment?

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