COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/24/2013. TRIAL JUDGE: HON. LEE SORRELS COLEMAN. TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED TO APPELLEE.
FOR APPELLANT: BENNIE L. JONES JR.
FOR APPELLEE: THOMAS L. SEGREST.
BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CIVIL - CONTRACT
¶1. Republic Finance sued Beulah Abrams on a delinquent promissory note. The trial court granted summary judgment against Abrams, and she appeals. We affirm.
STANDARD OF REVIEW
¶2. " We employ a de novo standard of review of a trial court's grant or denial of summary judgment and examine all the evidentiary matters before it . . . ." Davis v. Hoss, 869 So.2d 397, 401 (¶ 10) (Miss. 2004). Summary judgment is proper when " the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." M.R.C.P. 56(c).
¶3. " The evidence is viewed in the light most favorable to the party opposing the motion." Davis, 869 So.2d at 401 (¶ 10). " [A]n adverse party may not rest upon the mere allegations or denials of his pleadings, but his response . . . must set forth specific facts showing that there is a genuine issue for trial." M.R.C.P. 56(e). Furthermore:
[W]hen a party, opposing summary judgment on a claim or defense as to which that party will bear the burden of proof at trial, fails to make a showing sufficient to establish an essential element of the claim or defense, then all other facts are immaterial, and the moving party is entitled to judgment as a matter of law.
Galloway v. Travelers Ins. Co., 515 So.2d 678, 684 ...