Walters's Rule 41 notice was filed before Trustee Services served either an answer or motion for summary judgment
, and Walters is entitled to dismiss sua sponte her claims against Trustee Services without prejudice.
Inc.'s Motion for Summary Judgment
, or in the Alternative, Partial
All else being equal, I prefer summary judgment motions." In saying so, you will be echoing the sentiments of those who drafted Florida's rule on motions to strike sham pleadings: "The falseness of material determinative matter is probably better determined by motion for summary judgment
and in accordance with the rules pertaining to such a motion, in order to obtain a final judgment." (16)
"Reply Memorandum in Support of Defendants' Motion for Summary Judgment
and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment on Counts II & IV (Recordkeeping and Archivist's Duties)." 8 August 1992.
Loepere predicts that the court won't rule on the government's lion to dismiss until after it has reviewed AHCA's motion for summary judgment
. In a best-case scenario, the association hopes to win a declaratory judgment that the rule is invalid and an injunction halting HHS's Secretary from imposing the rule.
All factors considered, the court of appeals concluded that the checkpoint in question passed the Sitz balancing test and granted defendant's motion for summary judgment
. The United States Supreme Court subsequently refused Maxwell's request for review and the dismissal granted by the court of appeals was permitted to stand.(21)
The denial of the Officers' motion for summary judgment
is REVERSED and REMANDED with instructions to the district court to enter judgment for the Officers on the Estate's Fourth Amendment claim.
The Carter defendants filed various motions to dismiss, and then filed oppositions to the United States' motion for summary judgment
While the Civil Court purported to "grant" plaintiff's motion for summary judgment
"to the extent that plaintiff has established the proper submission of bills to defendant (with a reasonable justification for the late submission)," this was not an award of partial summary judgment as contemplated by CPLR 3212 (e).
COURT'S OPINION: The Supreme Court of New York, Kings County, ruled that the portion of the Center's motion for summary judgment
regarding the decedent's sacral ulcer be granted, and the remainder of the defendant's motion for summary judgment
The trial court denied the defendants' motion for summary judgment
. The defendants appealed.
The trial court dismissed the employer's motion for summary judgment
. The nurse appealed.