Sizemore v. Reilly-Benton Co.

Viking points out that the plaintiff filed the motion to dismiss forty-five days late under the trial court's scheduling order,10 which provides as follows:

The Original of all motions, including discovery related motions, dispositive motions, exceptions, and Daubert motions shall be filled no later than 60 days prior to the rule date. The last rule date before trial is Friday, June 29, 2018.

Viking thus contends the motion should have been denied as untimely. The plaintiff counters that the trial court, despite being aware that the motion to dismiss was filed after the deadline in the…