Smith v. Barrett

DELL, Judge.

This appeal is from a final summary judgment entered in favor of appellees on their counterclaim for foreclosure of a mortgage. We reverse.

Two weeks before the scheduled hearing on appellees’ motion for summary judgment, appellants filed a motion to amend their answer to assert the affirmative defenses of fraud in the inducement and failure of consideration. Appellants made two unsuccessful attempts to have their motion heard prior to the hearing on appellees’ motion for summary judgment. At the hearing on appellees’ motion, the trial court denied appellants’ motion for leave to…