Sternberg v. Botham, No. 61187 (Jul. 2, 1992)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT ISSUE

Whether the court should deny co-defendant Duane Totten's motion for summary judgment because the pleadings are not closed.

FACTS

The present action was originally instituted by the plaintiff, Michael J. Sternberg, as a small claims action. The small claims complaint alleged that defendants Betty Ann Botham and Duane Totten owe the plaintiff money for roofing and flooring services rendered by the plaintiff. Magistrate Ertman granted the defendants' motion to…