Siders v. Gibbs

CLARK, Judge.

Plaintiff contends that the trial court erred in considering defendant Gibbs’ affidavit verifying his answer since it was filed on the date of the summary judgment hearing, and this Court ruled in Insurance Co. v. Chantos, 21 N.C. App. 129, 203 S.E. 2d 421 (1974), that affidavits in support of summary judgment must be filed before the date of hearing. The purpose of the Chantos ruling is to prevent unfair surprise. There is no question of unfair surprise in this case since the affidavit merely verified defendant Gibbs’ previously filed answer and added no new matters to the case.…