Smith v. Conley

Smith, Judge.

The trial court sustained appellees’ motion for summary judgment as to their complaint and their motion to dismiss appellants’ counterclaim. We reverse in both instances.

*590Argued July 9, 1979 — Decided October 23, 1979 — Rehearing denied November 29, 1979. Malcolm S. Murray, for appellants. Tyrus R. Atkinson, Jr., for appellees.

1. The court granted appellees’ motion for summary judgment without holding a hearing or fixing a time for a hearing on the motion and without giving appellants notice of the time when judgment would be rendered. That procedural shortcoming requires…