Tooltrend, Inc. v. C.M.T. Utensili

WHATLEY, Judge.

Tooltrend, Inc., d/b/a C.M.T. Tools, appeals the dismissal with prejudice of counts one and two of its counterclaim and the entry of summary judgment on C.M.T. Utensili’s complaint. We affirm the dismissal of counts one and two of Tooltrend’s counterclaim without discussion. We also affirm the order granting summary judgment in favor of C.M.T.; however, we remand for the trial court to modify the execution of the summary judgment.

Tooltrend argues that it was improper to enter summary judgment in favor of C.M.T. while its counterclaim was pending. The trial court granted a…