Senior Law Clerk
In Shassian v. Riverwalk Park, 50 Fla. L. Weekly D2384 (Fla. 6th DCA 2025), both sides filed cross-motions for summary judgment over whether $1 million paid to the defendants was a loan with interest or an equity investment. The trial court granted summary judgment for the defendants, noting that both parties wanted the court to resolve it on the papers.
The Sixth DCA reversed. Even when both sides move for summary judgment, a court must still determine whether a genuine issue of material fact exists. Cross-motions aren’t a stipulation that facts are undisputed; they’re just competing arguments that, on each movant’s view, the movant should win as a matter of law. Where the record supports two plausible fact stories—loan vs. investment—summary judgment is improper.
Practice pointers
- Don’t assume cross-motions will “force” a ruling. If evidentiary conflicts remain (documents, emails, course-of-dealing), the case goes to trial.
- When opposing MSJ, pinpoint the dispute (who said what/when, how the funds were booked, whether interest accrued, how distributions were treated).
- When moving for MSJ, neutralize the dispute with undisputed materials (authenticated ledgers, admissions, uncontroverted affidavits) rather than argument alone.
Takeaway: Cross-motions aren’t a shortcut to judgment. If a reasonable factfinder could read the money as loan or investment, the “crucible of trial” awaits.
We frame and oppose summary judgment with the record in mind – not wishful thinking. Wrestling with cross-motions or a murky fact record? Contact our team to get a winning MSJ plan (or a clean denial).
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