Rule 1.952.Partial judgment
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.952
Plain-English Summary
Litigants do not always win or lose outright. Rule 1.952 covers the party who succeeds in part: that party may have judgment expressly for the part of the claim on which they prevailed, and judgment entered against them on the remainder. The record then shows both outcomes clearly, rather than leaving the split result to guesswork.
The rule does not limit which kind of claim this applies to — it speaks generally to a party who succeeds in part, so it covers a plaintiff's claim, a counterclaim, or any other claim for relief where the proof supports part of what was sought but not all of it.
Frequently Asked Questions
What happens if I only win part of my claim at trial?
Rule 1.952 lets the court enter judgment expressly for the part you won, while entering judgment against you on the part you did not prove.
Does this rule apply automatically, or do I need to ask for it?
The rule speaks of a party having judgment “expressly” for the successful part, which points to the judgment spelling out the split outcome rather than leaving it unstated.
Does Rule 1.952 apply to counterclaims as well as a plaintiff's original claim?
Yes. The rule refers generally to a party who succeeds in part, which covers any claim for relief, not just an original petition.
How is Rule 1.952 different from Rule 1.953?
Rule 1.952 addresses partial success within a single party's claim. Rule 1.953 addresses a different situation — a multi-party action where judgment is entered for or against some parties while the case continues against others.
Can a partial judgment under this rule be combined with claims that are still pending?
Yes. The rule contemplates entering judgment on the successful part of a claim without necessarily resolving every other issue in the case at the same time.