Dial v. Turner

Banke, Chief Judge.

On September 12, 1985, the trial court granted a summary judgment motion filed by the defendants/appellees based on plaintiff/appellant’s failure to appear for oral argument on the motion or to file a responsive brief or affidavits. Appellant moved to set aside the judgment, contending that his counsel had been granted a leave of absence which was in effect at the time of the hearing. Although the request for leave was not in compliance with the Uniform Rules of Superior Courts, Rule 16, the trial court nonetheless, in an order dated October 25, 1985, set aside the…