Fill and Sign the Rule 52 Findings by the Court Miss R Civ P 52casetext Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPINO. V. MOTION FOR SEPARATE TRIAL OR IN THE ALTERNATIVE TO SEVER COMES NOW, and moves this Court to grant a separate trial or in the alternative to sever its claims against and in support thereof would show unto this Court the following facts, to-wit: 1. In , filed a Complaint for Divorce against the Defendant, . That subsequent thereto, , a Mississippi Corporation and a separate legal entity filed a Complaint against , a Mississippi Corporation and separate legal entity in the Judicial District of County, Mississippi. 2. That on or about , , the Circuit Court of the Judicial District of County, Mississippi ordered the transfer of the Complaint pending in the Circuit Court to the Chancery Court and further ordered it consolidated with the divorce proceeding pending in the Chancery Court. 3. This matter was originally scheduled to he heard in its entirety in of . However, it was not concluded during that trial setting. Subsequently, it was set for , . At that time, this Court heard a portion of the evidence and entered a Consent Partial Final Judgment. That pursuant to the terms of the Consent Partial Final Judgment, the marital residence is being placed upon the real estate market for sale. That after the sale, if the parties cannot reach an agreement as to the disposition of the proceeds, then this matter will come back before this Court for a hearing. 4. would show that as a result of the delays in this proceeding and the fact that the marital residence has not sold and is speculative as to when it will sell, its rights to pursue its claim against in a reasonable, orderly and timely manner are being denied. 5. requests this Court to order a separate trial on the claims of or in the alternative to sever the claims of WHEREFORE, PREMISES CONSIDERED, moves this Court that upon Notice and Hearing, it will order a separate trial on the claims of or in the alternative to sever the claims of against . And prays for such other relief as to which it may be entitled. DATED, this the of , . Respectfully submitted, _______________________________________ Attorney for CERTIFICATE OF SERVICE I, do hereby certify that I have this date mailed by United States Mail, Postage Prepaid a true and correct copy of the above and foregoing Motion for Separate Trial or in the Alternative to Sever to DATED this the day of . _________________________________________