Weaver v. Whaley

Gunter, Justice.

This is an appeal from a judgment that denied plaintiff appellant’s motion for summary judgment against a third-party defendant, the appellee. The trial judge certified the judgment for review.

The judgment appealed from held that the appellee had not been served with the third-party complaint, had not appeared and pleaded or waived service, and "it further appearing to the court that there is a genuine issue as to one or more material facts and that the plaintiff is not entitled to judgment against the named third-party defendant as a matter of law, it is ordered that the…