Michael Anthony Petrucci v. Phillip Brinson

Appellant, Michael Anthony Petrucci, appeals the trial court’s order granting summary final judgment in favor of Appel-lee, Phillip Brinson, and argues that summary judgment was improper because genuine issues of material fact remain and that the trial court abused its discretion in denying his motion for rehearing and in failing to consider his affidavit filed in opposition to summary judgment.' For the following reasons, we -agree with Appellant and, therefore, reverse and remand for further proceedings.

In his Amended Complaint filed against Appellant, Appellee, who had worked for…