Fernandez v. Moreno

SWANN, Judge.

This is an appeal by the defendant from a final judgment entered on a jury verdict as to damages after the court had entered a summary judgment as to liability for the plaintiff as a result of an automobile accident. The parties will be referred to as in the trial court.

The plaintiff was, by the admission of all parties, free from negligence in this matter. On May 1, 1964 a motion for summary judgment on the issue of liability was filed by the plaintiff. On May 8, 1964, notice of a hearing on the motion, to be held on June 24, 1964, was mailed to the defendant. This hearing was…