Supreme Oil Co. v. Brock

Clark, Judge.

This is an appeal from denial of defendant’s motion for summary judgment accompanied by the requisite review certificate. In addition to presenting the usual dispute between the attorneys as to existence of genuine issues concerning material facts warranting submission to a jury, we are called upon to rule as to the timeliness of the filing of plaintiffs response affidavit.

1. Appellant’s advocate argues in behalf of defendant that the trial judge should not have considered the contents of plaintiffs rebuttal affidavit because it was not filed until the date of the hearing. The…