Appealing Denial of Motion for Summary Judgment

A summary judgment is when one party prevails in a lawsuit without going through a trial. There are two general requirements. First, there must be no dispute over materials facts. Second, based on those undisputed material facts, one party must legally be entitled to judgment.

When a motion for summary judgment is denied, a trial to a judge or jury must usually occur (or a settlement). In Missouri, a party cannot ordinarily appeal the denial of a motion for summary judgment.  There is an exception. If both parties move for summary judgment, and one party’s request is granted, the denied motion may be appealed. In other words, “where…the material facts  are undisputed and the merits of the denied cross-motion for summary judgment are inextricably intertwined with the issues raised in the granted motion for summary judgment, the merits of the denial of the crossmotion may be reviewed on appeal.”  Behrick v. Konert Farms Homeowners’ Ass’n, 601 S.W.3d 567, 573 (Mo. Ct. App. 2020).


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