Gelman v. Murphy

This cause is before us on appeal from a partial summary judgment in favor of the plaintiff/appellee Mary Joan Murphy with regard to Count I of defendants/appellants’ counterclaim. The counterclaim in Count I sought to require Murphy to remove a split-rail fence which she erected on her proper*806ty, allegedly in violation of certain restrictive covenants.1 We reverse.

Appellants assert that the trial court erred in entering the partial summary judgment, which was based in part on appellee’s affidavit filed after entry of the summary judgment, and in part on letters written by Stanley Gelman, an…