Falls v. Fickling

Marshall, Judge.

Plaintiffs below (Fickling, father and son) appeal from the denial of their motion for summary judgment on Counts 1 and 2 of their petition and from the denial of their motion to strike each and every defense filed in defendant’s (Falls) restatement of defensive pleadings (case No. 51248). Falls appeals from the order granting plaintiffs Ficklings’ motion for summary judgment as to Falls’ first counterclaim (case No. 51247). Both appeals were certified for immediate review. The original suit was upon two promissory notes signed by Falls and delivered to the Ficklings. Falls’…