Servotech, Inc. v. Atlantic Central Corp.

COWART, Judge.

Appellee/plaintiff filed a motion for partial summary judgment, along with a supporting affidavit and exhibits, on the issue of liability in its breach of construction contract action. Prior to the day of hearing appellant/defendant served an opposing affidavit but did not file it with the court before the hearing. Defendant’s counsel arrived late to the hearing to discover the trial judge had already orally granted plaintiff’s motion for partial summary judgment. The court allowed defendant’s counsel to present argument, and according to defendant, would not consider the…