Ferguson v. Miller

Birdsong, Judge.

Ferguson, the plaintiff below, appeals the grant of summary judgment to H. L. Miller. Held:

We reverse. The appellee Miller filed his motion for summary judgment on April 3,1981, and sent it to the plaintiffs attorneys with a “notice of hearing” which stated only that “You are hereby notified that the foregoing motion of defendant for summary judgment will be considered by the Court pursuant to the local rules of said court.” The court issued no notice or rule nisi, and no hearing was scheduled. Forty days later, the trial court issued summary judgment against the appellant,…