Michael P. Quirk v. Delaware County, Indiana and The Board of Commissioners of Delaware County, Indiana

May, Judge.

*1010 [1] Michael P. Quirk ("Quirk") appeals the trial court's grant of summary judgment in favor of Delaware County, Indiana, and the Board of Commissioners of Delaware County, Indiana (collectively, "Delaware"). He asserts that because Delaware did not respond to his motion for summary judgment within the thirty days allowed in Indiana Trial Rule 56(C), the trial court erred when it allowed Delaware to submit a brief after the summary judgment hearing that raised new arguments regarding affirmative defenses and when it thereafter relied on Delaware's affirmative defenses to grant…