Frederick W. RATLIFF, Jr.
v.
Martha Chadwick RATLIFF.
Supreme Court of Mississippi.
John Robbins, II, Brandon, for appellant.
Lester F. Smith, Robert L. McArty, Perry, Morrison & Smith, Jackson, for appellee.
Before WALKER, C.J., and DAN M. LEE and SULLIVAN, JJ.
SULLIVAN, Justice, for the Court:
Mr. Ratliff sought to modify a prior decree of the Chancery Court of the First Judicial District of Hinds County, Mississippi. Mrs. Ratliff filed a motion for summary judgment which she did not support by affidavit or discovery material.
The chancellor improvidently granted the motion for summary judgment. A motion for summary judgment unsupported by affidavit or other sworn statements should not be sustained. Miss.R.Civ.P., 56(e) and Brown v. Credit Center, Inc.,
All motions for summary judgment should be viewed with great skepticism and if the trial court is to err, it is better to err on the side denying the motion. "When doubt exists whether there is a fact issue, the non-moving party gets its benefit. Indeed, the party against whom the summary judgment has been sought should be given the benefit of every reasonable doubt." Brown,
REVERSED AND REMANDED.
WALKER, C.J., ROY NOBLE LEE and HAWKINS, P.JJ., and DAN M. LEE, PRATHER, ROBERTSON, ANDERSON and GRIFFIN, JJ., concur.
