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Related to Motion for summary judgment: summary judgement
MFSJMotion for Summary Judgment (law)
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In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant's motion for summary judgment dismissing the complaint.
On appeal, Reed argues that the circuit court erred when it: (1) allowed Riggert to amend his first amended complaint to plead a claim for denial of benefits under ERISA after deciding Riggert's first motion for summary judgment resolving the other claims that Riggert had pleaded; and (2) ruled on Riggert's second motion for summary judgment that Reed was individually liable for Riggert's claim.
Rule 41(a)(1)(A)(i) provides that a plaintiff may dismiss an action without court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. In its objection, Trustee Services argues that its pending motion to dismiss asks the court to consider documents referred to but not attached to the plaintiff's complaint and, to consider those documents, the court must convert the motion to a motion for summary judgment pursuant to Rule 12(d).
(57.) See Nordstrom's Motion for Summary Judgment, supra note
Similarly, because the defendants did not argue the standard of care or breach of it in their motion for summary judgment, the plaintiff did not incur a reciprocal burden to submit evidence of breach of it.
LEGAL COMMENTARY: Generally speaking, "any error by a trial court in denying a motion for summary judgment is rendered moot or harmless if a subsequent trial on the same issues raised in the motion demonstrates that there were genuine issues of material fact supporting a judgment in favor of the party against whom the motion was made." However, error in the denial of a summary judgment motion that presents a purely legal question is not rendered harmless by a subsequent trial on the merits.
Accordingly, the court denied the KBR motion for summary judgment regarding the Fisher and Lane convoy claims.
modified, 11/8/05, the plaintiff filed a motion for summary judgment, asserting that the IRS failed to issue a Notice of Final Partnership Administrative Adjustment (FPAA) within the Sec.
The district court denied the sheriff's motion for summary judgment and the sheriff appealed.
After the IRS denied his appeal, Schneider filed a motion for summary judgment based on two assertions:
Neither a motion to strike sham pleading nor a motion for summary judgment excuses your obligation to respond to the complaint pursuant to Rule 1.140.
The court on June 3 issued the first major decision in this case and denied the policyholder's motion for summary judgment on the number-of-occurrences issue.