Foster v. Whitlow

Tom Glaze, Judge.

The decisive issue in this appeal concerns whether the trial court erred by proceeding to trial of this cause before appellants’ twenty days expired within which they had to respond to a counterclaim filed by appellee. The facts underlying this legal issue are not disputed.

On April 21, 1981, appellants filed a specific performance suit against appellee, alleging he should be directed to deliver a warranty deed to property sold to appellants pursuant to an oral contract of sale. On April 28, 1981, appellee filed an answer, denying such a sale and requesting the court to order…