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Order Denying Summary Judgment - Mississippi

Order Denying Summary Judgment - Mississippi 2025

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The document is a motion for an emergency hearing in the Chancery Court of Mississippi regarding a minor child. The defendant requests immediate court intervention due to the lack of health insurance coverage for the child, which is necessary for medical treatment. The motion highlights the urgency of the situation, stating that without immediate treatment, the child's condition may worsen. The defendant seeks an order for the plaintiff to cover the costs associated with the child's medical care until insurance coverage is established.

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What happens if summary judgment is denied?

If summary judgment is denied, then the case will move forward to trial and the costs of litigation to both sides will likely increase substantially. If summary judgment is granted, then the entire case may be thrown out.

What are the odds of winning a summary Judgement?

The denial of a motion for summary judgment is generally an interlocutory decision only, and therefore not directly appealable. If the trial courts order overrules a motion for summary judgment, it is interlocutory in nature making it nonappealable.

Is denial of summary judgment a final order?

Subdivision (d) of Rule 56 indicates clearly, however, that a partial summary judgment is not a final judgment, and, therefore, that it is not appealable, unless in the particular case some statute allows an appeal from the interlocutory order involved.

How to defend against a summary judgement?

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defenses evidence.

What happens when a summary judgment is denied?

Summary Judgment and Case Settlement If summary judgment is denied, then the case will move forward to trial and the costs of litigation to both sides will likely increase substantially. If summary judgment is granted, then the entire case may be thrown out.

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