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Fill and Sign the Motion to Consolidate Mississippi Form

Fill and Sign the Motion to Consolidate Mississippi Form

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IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CASE NO.             DEFENDANT MOTION TO CONSOLIDATE COMES NOW the Plaintiff       f by and through its attorneys of record hereinf and fles this its Motion to Consolidate this proceeding with Cause No.       pending before this Court and in support thereof would show unto the Court the following: 1. Defendantf       commenced Cause No.       in the County Court of       Countyf Mississippi for Unlawful Entry and Detainer against       . 2. On             f 20       f       fled an its answerf defenses and a substantial and lengthy Counterclaim to       County Court Cause No.       f asserting claims for a declaratory judgment that the subject Lease was extended for an additional       (       ) year termf       breach of contractf       breach of his/her duty of good faith and fair dealing and       breach of his/he duty to negotiate in good faith. 3. On             f 20       f The Honorable       f       County Court Judgef entered an Order transferring       County Court Cause No.       to this Court. This Court has changed the designation of       County Court Cause No.       to Cause No.       of the Circuit Court of       Countyf Mississippi (hereinafter "Cause No.       "). 4. The claims in this action are the same or substantially the same as the claims and disputes that are at issue in Cause No.       and arise from the same factual circumstances. Consolidating this case with Cause No.       will avoid duplicity of litigationf discovery and trialsf resulting in economy and efciency for both the Court and the parties. Consolidation of this cause of action is both appropriate and necessary to duplicity of litigation and will result in judicial economy and efciency. Consolidation will not result in any prejudice to       . WHEREFOREf PREMISES CONSIDEREDf Plaintiff       respectfully moves the Court to enter an Order consolidating this cause of action with Cause No.       f with this action to proceed accordingly. Respectfully submittedf       BY: ____________________________       OF COUNSEL:       CERTIFICATE OF SERVICE If       do hereby certify that I have this day mailedf United States mailf postage prepaidf a true and correct copy of the above and foregoing Motion to Consolidate to       f       f       and       f       f       f Mississippi       . Dated this the       day of       f 20       . ______________________________       IN THE CIRCUIT COURT OF       COUNTYf MISSISSIPPI       PLAINTIFF VS. CASE NO.             DEFENDANT ORDER FOR CONSOLIDATION This day this cause came on for hearing on the Motion of Plaintiff       for consolidation of Cause No.       f transferred to this Court by Order of the Honorable       f       County Court Judgef dated             f 20       with this proceedingf and the Court having considered the Motion and having considered the premisesf is of the opinion that the Motion is well taken and should be granted. IT IS THEREFORE ORDERED AND ADJUDGEDf that Cause No.       f transferred to this Court by Order of the Honorable       f       County Court Judgef dated             f 20       is hereby consolidated with this proceedingf with both actions to proceed to conclusion in this cause. SO ORDERED AND ADJUDGEDf this the       day of       f 20       . ____________________________ CIRCUIT COURT JUDGE PREPARED AND PRESENTED BY:      

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