Wales v. Roll

WAIVER OF NON-COMPLIANCE WITH RULES FOR SUMMARY JUDGMENT

I would take a different path in analysis to overlook movants’ error which permitted trial court consideration of depositions when it ruled on the motions for summary judgment. With their motion for summary *903judgment filed on March 4, 1988, appellees (Franke-Roll) cited reliance on their brief and “depositions of Ron Wales, Vicki Franke and Ross M. Roll.” On the same date, they filed a Motion to Allow Filing of Discovery Depositions without attaching the depositions.1 Also on that same day, appellant, Ron Wales (Wales), filed his motion…