Rule 1.953.As to some parties only
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.953
Plain-English Summary
When an action involves two or more parties, the court is not required to resolve everyone's fate at once. Rule 1.953 lets the court, in its discretion, render judgment for or against some parties only, even though it has jurisdiction over all of them, leaving the action to proceed against the others.
The rule sets a standard for when this is proper: judgment as to some parties is available whenever the prevailing party would have been entitled to that judgment had the action involved only that party, or whenever a several judgment is proper. That keeps the tool from being used to pick off parties arbitrarily — the underlying entitlement to judgment has to hold up on its own.
Frequently Asked Questions
Can a case continue against the remaining defendants after judgment is entered against just one of them?
Yes. That is the point of Rule 1.953 — judgment can be entered for or against some parties while the action proceeds as to the others.
What standard governs whether the court can enter judgment against some parties only?
Judgment as to some parties is proper whenever the prevailing party would have been entitled to it had the action involved that party alone, or whenever a several judgment is proper.
Is this something the court must do, or is it discretionary?
It is discretionary. Rule 1.953 says the court “may,” in its discretion, render judgment for or against some parties only.
Does the court need to lack jurisdiction over the other parties for this rule to apply?
No. The rule expressly applies “though it has jurisdiction of them all,” so full jurisdiction over every party does not prevent judgment as to some of them only.
How does Rule 1.953 differ from Rule 1.952's partial judgment?
Rule 1.952 concerns one party succeeding on part of a single claim. Rule 1.953 concerns a multi-party action where judgment resolves some parties' involvement while the case continues against others.