Harder v. Estate of Rafferty

CONOVER, Judge.

Plaintiff-Appellant Charles E. Harder (Harder) appeals from the trial court's grant of summary judgment in favor of the estate of Charles P. Rafferty (the estate).

We reverse.

The sole restated issue is:

whether the trial court denied Harder due process by not allowing him to present argument (a) by phone during the summary judgment hearing, or (b) in writing after receiving a transcript thereof.

After Rafferty died on December 25, 1987, his estate was opened in the Putnam Circuit Court. Anthony P. Valente, a Florida attorney representing Harder, filed a motion to appear pro Aae…