October 13, 2010 ------------Dear ----- Attached is a copy of the Findings of Fact and Conclusions o-2025

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Conclusion of fact (also referred to as finding of fact) refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
Summary judgment decisions are issued by an Administrative Judge in favor of one party and against the other without first conducting a hearing. For this reason, summary judgment decisions are also referred to as decisions without a hearing.
From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.
All Material Facts Must be Supported by Admissible Evidence. The Court may find that the movant has not established there is no genuine issue as to a fact if the fact is not supported by admissible evidence. If that fact is sufficiently material it could result in denial of summary judgment.
(i)No-Evidence Motion. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial.

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While the traditional motion focuses on the absence of genuine issues of material fact, the no-evidence motion can only be filed after an adequate time for discovery and challenges the non-moving party to provide evidence supporting their claims.
A summary judgment may be based on uncontroverted testimonial evidence of an interested witness, or of an expert witness as to subject matter concerning which the trier of fact must be guided solely by the opinion testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free from

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