Congress Street Condominium Ass'n v. Anderson

I respectfully dissent because I conclude that the trial court properly granted the motion for summary judgment as to liability filed by the plaintiff, Congress Street Condominium Association, Inc., as against the defendant Frederick L. Anderson. 1 The record reflects that the court sustained the plaintiffs objection to the defendant’s second request to amend his answer, which included a special defense of equitable estoppel and a counterclaim, on the same day that it granted the plaintiffs motion for summary judgment. Without the special defense and counterclaim, the court correctly…