who wrote the order granting motion for summary judgment?

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deliciouss

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who wrote the order granting motion for summary judgment?

Postby deliciouss » Mon Dec 11, 2017 7:02 pm

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.

foregetaboutdre

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Re: who wrote the order granting motion for summary judgment?

Postby foregetaboutdre » Mon Dec 11, 2017 7:13 pm

from the court.

kyle1978

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Re: who wrote the order granting motion for summary judgment?

Postby kyle1978 » Mon Dec 11, 2017 7:16 pm

Do you seriously think the Court argues

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mjb447

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Re: who wrote the order granting motion for summary judgment?

Postby mjb447 » Mon Dec 11, 2017 7:36 pm

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

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encore1101

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Re: who wrote the order granting motion for summary judgment?

Postby encore1101 » Mon Dec 11, 2017 10:11 pm

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

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

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pancakes3

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Re: who wrote the order granting motion for summary judgment?

Postby pancakes3 » Mon Dec 11, 2017 11:45 pm

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



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