Gillmor v. Cummings

OPINION

GREENWOOD, Judge:

Appellant Charles F. Gillmor, Jr. (Gill-mor) appeals the grant of summary judgment in favor of appellees Jeffrey K. and Janet E. Garlick (the Garlicks), and W. Allan Pelton and Valley Bank and Trust Company as trustee for the W. Allan Pel-ton Trust (Pelton). We conclude that the summary judgment was granted prematurely because Gillmor was not given adequate time to respond to appellees’ motion to strike portions of his affidavit opposing summary judgment. Therefore, we reverse.

*1206BACKGROUND

This dispute involves neighboring parcels of land in Summit County. Old Ranch Road…