McAtee v. Wigland of Louisville, Inc.

NEIKIRK, Judge.

This is an appeal from a summary judgment granted appellee. Appellant’s motion to set aside the judgment was overruled by the trial court. This court sustained appellant’s motion for an appeal.

Appellant complains that the motion for summary judgment should have been overruled in the lower court because notice of the motion was not received by the appellant. The record discloses that appellee had mailed the notice of motion for summary judgment to the appellant’s attorneys at 424 West Liberty, Louisville, Kentucky, when, in fact, the correct address was 422 West Liberty.

In…