Westbury v. Bauer

Gregory, Justice:

Appellant William Bauer appeals an order granting respondent Lee Westbury’s motion for a new trial. We affirm.

This action was brought by respondent to collect an alleged debt. Appellant pled the affirmative defenses of the Statute of Frauds and the Statute of Limitations. At the conclusion of respondent’s evidence, the trial judge granted appellant’s motion for an involuntary nonsuit based on the Statute of Limitations.

Thereafter, respondent made a timely motion for a new trial. A notice and motion were served on appellant. Without giving appellant an opportunity to be heard,…