Applebaum v. David, Inc.

Birdsong, Judge.

Appellee sued the appellant for the sum of $2,603.14 principal, attorney fees and court costs based upon a written contract. Appellant filed a general denial. Appellee filed a motion for summary judgment with supporting affidavits and records showing the alleged indebtedness. Appellant filed a counter-affidavit alleging certain setoffs. The trial court entered partial summary judgment for appellee in the amount of $1,564.23, there being no evidence or affidavit to dispute this amount as being owed. The trial court further ordered that the issue as to whether or not appellant…