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Cole v. Methodist Medical Center

6/18/2002

g'l Med. Ctr., Inc., 564 So. 2d 1346, 1354 (Miss. 1990). Cole has failed to provide evidence to establish negligence as a genuine issue of material fact in response to the motion for summary judgment and that the trial court erred in granting summary judgment. Our review of the information provided to this Court reveals that Cole failed to raise any genuine issue of material fact regarding the motion for summary judgment. Therefore, we affirm the trial court's decision.


II.


Assuming arguendo that the court could enter a default judgment, would such a judgment be appropriate in the case at bar?


. Our finding on issue I renders moot this matter.


. THE JUDGMENT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY CIRCUIT COURT GRANTING SUMMARY JUDGMENT IN FAVOR OF THE APPELLEE IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.


McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR.






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