George G. Sharp, Inc. v. Doric Marine, Inc.

Docket: No. 88-1934

Court: District Court of Appeal of Florida; April 4, 1989; Florida; State Appellate Court

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Florida Rule of Civil Procedure 1.510(c) mandates that a motion for summary judgment must clearly articulate its grounds and the substantial matters of law involved. In this case, the motion and supporting affidavits were exclusively focused on a statute of limitations defense. Consequently, the movant cannot obtain summary judgment based on laches, which is a separate affirmative defense that must be explicitly pleaded. The doctrine of laches, unlike the statute of limitations, is rooted in equity and does not rely solely on the passage of time. The court referenced previous cases to emphasize this distinction. The ruling was reversed and remanded for further proceedings consistent with these findings.