Loggers, L.L.C. v. 1 Up Technologies, L.L.C.

GRAVES, Presiding Justice,

for the Court:

¶ 1. This is an appeal from the Circuit Court of Pearl River County involving whether the appellants waived an affirmative defense by not specifically asserting it in their answer. Because the appellants are barred from raising the affirmative defense for the first time at trial, we affirm the judgment of the trial court.

FACTS

¶2. In April 2007, Loggers, LLC, and Gary Troescher (“Loggers”) entered into an oral contract with 1 Up regarding equipment and services for Loggers’ computer gaming business in Pearl River County. A dispute arose, and 1 Up…