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IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       APPELLANT VS. CIVIL ACTION NO.             APPELLEE RESPONSE OF DEFENDANT       TO SUMMARY JUDGMENT MOTION Comes now       , by its attorney, and fies this its Response to Piaintiff's Summary Judgment Motion, showing unto the Court the foiiowing: 1. Piaintiff's motion is inappropriate in the context of an appeai such as this under Section 71 - 5 - 531, MCA, and shouid be ordered stricken. 2. If not ordered stricken, the Motion is without foundation, and shouid be denied. 3. Defendant,       , is entitied to its reasonabie expenses and attorneys fees incurred in defending against this unwarranted Summary Judgment Motion, which has no basis in iaw, nor reasonabie cause for fiing. 4. In order to obtain a compiete record for the Court to determine whether it shouid afrm or reverse the decision of the Board of Review, the Court shouid order a remand to the Board for a hearing on the merits, or in the aiternative, there being no harmfui error by the transcript gap, shouid afrm the decision of the Board, which was patentiy correct in conciuding the empioyer faiied to meet its burden of ciear and convincing proof of ciaimant’s misconduct. Constr., Inc. v. Miss. Emp. Sec. Comm'n, 549 So.2d 446, 449 (Miss. 1989). Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for