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Fill and Sign the Proposed Amendment Fails to Defeat Summary Judgment Form

Fill and Sign the Proposed Amendment Fails to Defeat Summary Judgment Form

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IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI and vs. NO. and ORDER THIS MATTER came before the plaintiffs' Motion for Partial Summary Judgment and Motion to Amend. The Court, having jurisdiction of the parties and finds that the plaintiffs' Motion for Partial Summary Judgment should be in part, that the defendants' Motion for Partial Summary Judgment should be denied in part and granted in part, and that the defendants' Motion to Amend should be granted. IT IS, THEREFORE, ORDERED that the plaintiffs are hereby granted summary judgment on the issue that defendants owe them the sum of $ for the reimbursement of certain Remodeling expenses. Nothing in this Order should be construed as an adjudication of which parties defendant, if any, may be liable for the insurance proceeds that are disputed in this action. IT IS FURTHER ORDERED that plaintiffs' request for summary judgment is denied in all other respects, as there exist genuine issues of material fact that preclude the granting of summary judgment. IT IS FURTHER ORDERED that the defendants are hereby granted summary judgment on the issue that the note that was attached to the defendants' Motion for Partial Summary Judgment as exhibit "C" should be reformed, and said note is hereby reformed to show the sum of $ being the true and correct amount of interest due and owing for the first year of said note, and a due date of , , and interest and principal commencing on , . IT IS FURTHER ORDERED that the defendants are hereby granted summary judgment on the issue that the note that was attached to the defendants' Motion for Partial Summary Judgment as exhibit "D" should be reformed, and said note is hereby reformed to show the sum of $ being the true and correct amount of interest due and owing for the first year of said note, and a due date of , , and interest and principal commencing on , . IT IS FURTHER ORDERED that the defendants' Motion for Partial Summary Judgment is hereby denied in all other respects, as there exist genuine issues of material fact that preclude the granting of summary judgment. IT IS FURTHER ORDERED that neither plaintiffs nor defendants shall have a money judgment for any sums of money that are payable to the other party pursuant to this Order until further order of this Court. IT IS FURTHER ORDERED that the defendants are hereby authorized to file the Amended Counterclaim that was attached to their Motion to Amend as Exhibit "A". SO ORDERED, this the day of , . ______________________________________ CHANCELLOR

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