Dedes v. Strickland

Finney, Justice:

This is an appeal from a circuit court order granting summary judgment in favor of respondent George P. Dedes. We reverse and remand.

Respondent moved for summary judgment in his mortgage foreclosure action against appellant Bobby W. Strickland. Respondent’s Notice and Motion for Summary Judgment were filed and served on April 13, 1989. The motion was set for hearing before Judge David H. Maring on May 8, 1989. The exact date is controverted, but notice of the hearing was mailed May 3 or 4,1989.

Counsel for all parties appeared on May 8, 1989. The appellant was not present. At…