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Hi guys

I am supposed to write an appellate brief for a class. The scenario is this: A complaint was filed, defendants moved for summary judgment, and the court granted it. Now I have to appeal the summary judgment. I am reading the order granting summary judgment trying to find defects in the summary judgment's argument. the order says something like "because blah blah, this court finds blah blah. therefore, this court grants the motion for summary judgment" so when writing my appeal, do I write

the defendants argue that .... but this is not true because ....
or
the court argues that... but this is not true because...

I feel weird saying the defendants because it's not the defendants writing the order granting the motion. at the same time, I feel weird saying "the court argues that" because the court is a neutral party and it's not supposed to argue anything.

from the court.

Do you seriously think the Court argues

Defendant (incorrectly) argues; court (incorrectly) ruled, found, held, opined, noted, observed...

The court didn't "argue" anything. The court incorrectly held, determined, decided, etc.

The respondent (defendant, respondent-defendant), in his papers below, argued that. . .

pretty late in the year to be tls-sourcing an appellate brief, don't you think?