Order Granting Partial Summary Judgment - Mississippi 2025

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If a motion for summary judgment is granted, the judge has determined that no material facts are in dispute and the moving party is entitled to judgment as a matter of law.
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.
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.
If the motion is granted for a partial summary judgment, the trial remains to resolve the remaining issues.
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
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If youre unsatisfied with the result, heres what to do after a summary judgment is granted. Despite the final ruling, the losing party can still ask the court to reconsider the ruling or grant a new trial. If desired, they can appeal the summary judgment to a higher court for review.
If the motion is granted for a full summary judgment, there will be no trial. The judge will immediately enter judgment for the movant. If the motion is granted for a partial summary judgment, the trial remains to resolve the remaining issues.

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