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Case Digest on PEFIANCO V. MORAL 19 Jan. 2000

January 4, 2011

Case Digest on PEFIANCO V. MORAL

19 Jan. 2000

Denial of a Motion to Dismiss

Facts:  D filed a mandamus and injunction case seeking to enjoin the enforcement of a decision which had already become final. P filed a Motion to Dismiss. The judge denied the motion without stating the basis why P’s motion should be denied.

Issue:  Whether the judge’s denial of the motion was proper

Held:   No. Rule 16 mandatorily requires that the resolution of a motion to dismiss should clearly and distinctly state the reasons therefor. The rule proscribes the common practice of perfunctorily denying motions to dismiss “for lack of merit.” The challenged order of the trial court falls short of the requirements stated in Rule 16.

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