Abarca v. Roadstar Corp. of America

OPINION

KENNEDY, Justice.

This appeal involves first the question whether a trial judge may sign an interlocutory summary judgment based upon findings expressed by his deceased predecessor contained in a letter. This suit was upon sworn account. A hearing on a motion for partial summary judgment had been held by the judge now deceased (Judge Lank-ford), at the conclusion of which the judge took the matter under advisement. Subsequently, he wrote a letter to both parties which set out his findings and requested the attorney for the successful litigant to prepare a judgment. This letter was filed…