Order Granting Partial Summary Judgment - Mississippi 2025

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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.
Typically, the motion must show that no genuine issue of material fact exists, and that the opposing party loses on that claim even if all its allegations are accepted as true so the movant is entitled to judgment as a matter of law.
Judges may also grant partial summary judgment to resolve some issues in the case and leave the others for trial. For example, a judge might rule on some factual issues pre-trial but leave the more complicated ones for trial.
(2) The court may grant a motion by either party for summary judgment when it appears from the record that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
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