Extended Services Program, Inc. v. First Extended Service Corp.

AKIN, Justice.

This is an appeal from a summary judgment granted the defendant. Plaintiff appeals, complaining that the depositions supporting summary judgment were not timely filed and thus could not properly have been considered by the trial court. Plaintiff also argues that the trial court erred in failing to grant its motion for nonsuit filed after the summary judgment hearing but before summary judgment was granted. We agree with both propositions and accordingly reverse.

Defendant-appellee filed a motion for summary judgment which was heard on July 6, 1979. The only summary judgment…