Motion for Summary Judgment/Partial Summary Judgment in Missouri

What Is a Motion for Summary Judgment/Partial Summary Judgment?

Background

“Summary judgment is a determination as a matter of law that there is no fact issue to be tried.” (See Fauvergue v. Garrett (1980) 597 S.W.2d 252, 253.)

“Moreover, findings of fact are not appropriate where summary judgment is proper.” (See id.)

“If there are material disputed facts, summary judgment should not be rendered.” (See id.)

General Information for Complaints and Motions

"A ‘defending party' may establish a right to judgment by showing (1) facts that negate any one of the claimant's elements . . ., (2) that the non-movant, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of the claimant's elements, or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support the movant's properly-pleaded affirmative defense." (See Theerman v. Frontenac Bank (2010) 308 S.W.3d 756, 758.)

"When the movant makes a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law, the nonmovant must show by affidavits, depositions, answers to interrogatories, or admissions on file that one or more of the material facts shown by the movant to be without any genuine dispute is, in fact, genuinely disputed.” (See id.)

“A 'genuine issue' exists where the record contains competent materials that evidence two plausible, but contradictory, accounts of the essential facts.” (See id.)

Standard of Review and Burdens of Proof

“It is well-settled that when considering a grant of summary judgment, we review the record in the light most favorable to the party against whom judgment was entered.” (See Theerman v. Frontenac Bank (2010) 308 S.W.3d 756, 758.)

“Our review is essentially de novo. The criteria on appeal for testing the propriety of summary judgment are no different from those employed by the trial court to determine the propriety of sustaining the motion initially.” (See id.)

“A summary judgment movant has the burden of proof to establish a legal right to judgment flowing from facts about which there is no genuine dispute.” (See id.)

“The moving party bears the burden of establishing a right to judgment as a matter of law.” (See id.)

The Court’s Decisions

It is well settled that “findings of fact and conclusions of law are not necessary or proper on the granting of a motion for summary judgment.” (See Fauvergue v. Garrett (1980) 597 S.W.2d 252, 254.)

It is also well settled that “when a genuine issue of material fact exists, summary judgment should be denied.” (See Stanbrough v. Vitek Solutions, Inc. (2014) 445 S.W.3d 90, 97.)

Documents for Motion for Summary Judgment/Partial Summary Judgment in Missouri

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FORSYTHE FINANCE, LLC V RONALD PYATT (E-CASE) AC Suit on Account document preview

CRIFS/Unredacted Document

13 pages

Electronically Filed - CITY OF ST. LOUIS - April 18, 2024 - 08:22 AM 1234631922, JRP 2422-AC05010 In the Circuit Court of City of St Louis, Missouri Associate Circuit Division Forsythe Finance, LLC, Case …