Joe Newton, Inc. v. Tull

MARTIN, Judge.

Plaintiff assigns as error (1) the trial court’s failure to rule upon plaintiffs motion to strike defendants’ answer, and (2) the granting of summary judgment in favor of defendants. We conclude that neither assignment has merit and we affirm the judgment of the trial court.

Initially, plaintiff contends that the trial court erred in not ruling upon its motion to strike the answer before considering defendants’ motion for summary judgment. Plaintiff argues that had the trial court allowed the motion to strike the answer, plaintiff would have been entitled to entry of default and…