Summary judgment was granted to the defendant even though the material facts are in dispute.?

Question

Summary judgment was granted to the defendant despite the fact that defendant denied most of the material facts stated in the original civil complaint. How do I inform the court of appeals of this fact? (Even if one material fact is in dispute, summary judgement should NOT have been granted, but it was. So, how do I inform the Appellate Court of this fact?)

Answer 1

Complaint..... allegation of material facts.

Answer....included denial of those facts.

When the Answer denies ALL facts, you can look for a Motion for Summary Judgment.

Here's where you probably lost the case, and probably any chance to appeal: If you didn't respond to that Motion, the court took your failure to respond as admitting the contents of the Motion as true, which means there were no facts in dispute.

You did this pro se, didn't you?

Answer 2

Go to the Clerk of the Court for the Self Represented or called the pro se clerk. If you denied the facts, you must have some sort of back up. i.e. you alleged the work performed was no good, you must have a picture or an estimate or a paid bill for new work or very specific allegations. Or you allege forgery, you must produce that the signature is different than the one of the document. Or perhaps you do not have a claim. I do not know the facts. You must file a notice of appeal within a short time so you must find out your time frame immediately. Then ask the Clerk of the Court, where to file whatever document you need to start the appeal (or seek a consultation from a lawyer) and make sure you file it within the time allotted. I do not know if you can do it pro se, but good luck.

Answer 3

Fortunately for you, this is one of the easier appeals. Although one never wants to need to appeal, in an appeal from a grant of summary judgment, the appellate court will review the same record that the trial court did. If you provided a response to the motion for summary judgment with supporting evidence, there isn't much else to do: you cannot submit new evidence. You must argue from the record.

Good luck.

Answer 4

confident, the supply of precis judgment could be appealed. that would not advise the charm will win. genuinely, the optimum grounds for charm could be to show that there are nevertheless unresolved textile information, and for this reason precis judgment became beside the point.