Garlock, Inc. v. Latham

JjMARVIN, Chief Judge.

In this action on an open account first instituted against “Gary T. Latham F/D/B/A Lateo Pump & Supply Co., Inc.,” in 1993, and amended in 1994 to name Gary D. Latham F/D/B/A Lateo Pump & Supply Co., Inc., in the alternative as the defendant, Gary T. Latham appeals a summary judgment that was granted and signed, but not for the amount sued for, on plaintiffs motion after Gary T. Latham was served in 1994 and answered with a general denial, raising no affirmative defenses.1 The record does not show that Gary D. Latham was served.

We reverse the summary judgment and remand.

D…