ETI CORPORATION v. Hammett

Marshall, Judge.

Hammett sued ETI on a note for $11,984.17, secured by certain real estate. ETI, appellant herein, answered and defended on the ground of satisfaction of the note by foreclosure on the property which secured the note. During discovery, on November 19, 1975, ETI served counsel for Hammett with a request for admissions. Hammett never answered nor objected to the request, and on January 28, 1976, ETI moved for summary judgment based on facts admitted by Hammett’s failure to answer. At the summary judgment hearing Hammett’s counsel was permitted by the court to controvert facts…