Johnson v. Aetna Finance, Inc.

McMurray, Judge.

Plaintiff filed suit on a note for $1,182.14 principal plus $118.21 attorney fees. Plaintiff made a motion for summary judgment, which was granted. Defendant appeals. Held:

1. Defendant urges error in the court’s holding that the defendant’s answer did not raise a justiciable defense. This was not the holding of the trial court. The trial judge considered the pleadings and the evidence in the hearing on the motion for summary judgment. He then made a determination that there was no genuine issue as to any material fact. The first duty of the trial court before ruling on a…