Smith v. Muscatell (In Re Muscatell)

ORDER GRANTING MOTION FOR NEW TRIAL

THOMAS E. BAYNES, Jr., Bankruptcy Judge.

THIS MATTER came on for consideration upon Defendant, Brett C. Muscatell’s Motion for New Trial. The Court reviewed the Motion and the record and finds:

On January 20, 1989, Plaintiff, Terry E. Smith (Trustee), filed a Motion for Summary Judgment. Along with the Motion, Trustee filed an “affidavit” in support of the Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56. Debtor filed a response and affidavits in opposition to Trustee’s Motion. After reviewing the documents, the Court found no genuine issue of material…