Satterfield v. Winston Industries, Inc.

The plaintiffs Satterfield appeal from a summary judgment on the motion and exhibits of the defendant Winston Industries. The motion went unopposed by affidavit, exhibit or other proof. The plaintiffs do not contest the merits of the rendition of summary judgment, but only that Rule 74.-04(c) requires a hearing to precede rendition, a procedure not met in the trial court.

The petition of the plaintiffs was for damages for breach of warranty in the manufacture of a mobile home. The defendant Winston Industries answered that the claim of the petition was barred by the statute of limitations [§…