Thatcher v. Lucky Stores, Inc.

Opinion

GAUT, J.

Plaintiffs Michele Thatcher and Larry Thatcher appeal summary judgment entered against them and in favor of defendant Lucky Stores, Inc. Plaintiffs contend the trial court abused its discretion in denying their ex parte application for a continuance of defendant’s summary judgment motion. Plaintiffs further argue that the trial court erred in granting summary judgment on the ground plaintiffs failed to file opposition, even though defendant had not met its initial burden of proof.

We conclude defendant met its initial burden of proof, and due to plaintiffs’ failure to file…