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Plaintiffs' Motion for Partial Summary Judgment Against Defendants - Mississippi

Plaintiffs' Motion for Partial Summary Judgment Against Defendants - Mississippi 2025

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The document is a legal motion filed by the plaintiffs in the Chancery Court of Mississippi, seeking partial summary judgment against the defendants. It outlines a contract and an addendum related to the purchase of assets, detailing issues regarding unpaid invoices for renovations and insurance proceeds. The plaintiffs request damages for unpaid amounts as stipulated in the contract and addendum.

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What is a motion for partial summary judgement?

In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.

How do you beat a motion for summary judgement?

Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. Show that a dispute exists on a material fact. Show that the law does not support judgment on the undisputed facts.

Why would you want a summary judgement?

One of the main reasons to file a motion for summary judgment is that its usually quicker and less expensive than going to trial. A summary judgment may be appropriate if your case is relatively straightforward and the facts are undisputed.

Does a motion for summary judgment dismiss a case?

In fact, when a motion for summary judgment is granted even a motion granted in favor of a defendant nothing is dismissed. It is true that both summary judgments and dismissals result in the termination, or disposition, of the underlying action;3 but that is essentially where the similarities end.

Can you appeal partial summary judgment?

Rule 54(a) defines judgment as including a decree and any order from which an appeal lies. 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

How often do plaintiffs win on summary judgment?

The odds of winning a summary judgment, known as the grant rate, vary widely by case type. The most common grant of summary judgment is in Title VII and employment cases. These are granted in whole in 49.2% of cases, in part in 23.3% of cases, and denied in 27.5% of cases.

What does motion for partial summary judgment mean?

What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.

How long does a plaintiff have to respond to a motion for summary judgment?

If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.

Plaintiffs' Motion for Partial Summary Judgment Against Defendants - Mississippi 2025

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