Atlas Machine & Iron Works, Inc. v. Williams Enterprises, Inc.

Fairfax County Circuit Court

Atlas Machine & Iron Works, Inc. v. Williams Enterprises, Inc.

18 Va. Cir. 354, 1989 Va. Cir. LEXIS 330

CourtFairfax County Circuit Court

DecidedDecember 19, 1989

DocketCase No. (Law) 89324

StatusPublished

This text of 18 Va. Cir. 354 (Atlas Machine & Iron Works, Inc. v. Williams Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atlas Machine & Iron Works, Inc. v. Williams Enterprises, Inc., 18 Va. Cir. 354, 1989 Va. Cir. LEXIS 330 (Va. Super. Ct. 1989).

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Opinion

By JUDGE ROSEMARIE ANNUNZIATA

It is my opinion that the use of the term "interlocutory" in Rule 3:18 was not intended to act as a bar to the execution of summary judgment for the undisputed portion of a contested claim, granted under the Rule. "Interlocutory" is defined by Black’s Dictionary as "something intervening between the commencement and the end of a suit which decides some point or matter, but is not a final decision of the whole controversy." The use of the term signifies both the partial (yet final) relief granted, as well as the existence of issues remaining to be resolved for complete relief. Accordingly, the Court declines to enter an order for Summary Judgment which defers execution of judgment until final adjudication of the remaining issues.

Summary Judgment in favor of the plaintiff in the amount of $133,614.29 is granted. Pre-judgment interest is granted from September 1, 1988.

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By JUDGE ROSEMARIE ANNUNZIATA

It is my opinion that the use of the term "interlocutory" in Rule 3:18 was not intended to act as a bar to the execution of summary judgment for the undisputed portion of a contested claim, granted under the Rule. "Interlocutory" is defined by Black’s Dictionary as "something intervening between the commencement and the end of a suit which decides some point or matter, but is not a final decision of the whole controversy." The use of the term signifies both the partial (yet final) relief granted, as well as the existence of issues remaining to be resolved for complete relief. Accordingly, the Court declines to enter an order for Summary Judgment which defers execution of judgment until final adjudication of the remaining issues.

Summary Judgment in favor of the plaintiff in the amount of $133,614.29 is granted. Pre-judgment interest is granted from September 1, 1988.

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Bluebook (online)

18 Va. Cir. 354, 1989 Va. Cir. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlas-machine-iron-works-inc-v-williams-enterprises-inc-vaccfairfax-1989.