Gross v. PYROFAX GAS CORPORATION

Banke, Judge.

This is an appeal by the defendant from a summary judgment in favor of the plaintiff in a suit on account. The defendant did not file his affidavit opposing the motion for summary judgment until the date of the hearing; however, he served the affidavit on counsel for plaintiff by mail two days prior to the hearing. The affidavit apparently was not considered by the trial judge, as it does create a genuine issue of material fact. Held:

The party opposing a motion for summary judgment has until the day prior to the hearing to serve opposing affidavits, unless the trial court in its…