A Summary Judgment is Not a Dismissal!

Drake Law Review, Vol. 56, No. 1, 2007

15 Pages Posted: 18 Dec 2008 Last revised: 22 Dec 2008

Bradley Scott Shannon

Florida Coastal School of Law

Date Written: 2007

Abstract

Many lawyers think that the granting of a motion for summary judgment results in the dismissal of the underlying claim or action. They are wrong. Though summary judgments and dismissals share some characteristics, they are distinct procedures. Accordingly, the failure to distinguish these concepts can lead to problems. In particular, the confusion of summary judgments with dismissals arguably has resulted in a widespread misapplication of the federal supplemental jurisdiction statute.

Keywords: litigation, summary judgment, federal courts, civil procedure

Suggested Citation

Shannon, Bradley Scott, A Summary Judgment is Not a Dismissal! (2007). Drake Law Review, Vol. 56, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=1317051

Bradley Scott Shannon (Contact Author)

Florida Coastal School of Law ( email )

8787 Baypine Road
Jacksonville, FL 32256
United States
(904) 680-7745 (Phone)
(904) 680-7771 (Fax)

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