Witten v. Howard Vernon Lodges & Restaurants, Inc.

WIGGINTON, Judge.

Petitioners are plaintiffs in an action at law pending in the trial court, and respondent is defendant. Petitioners seek review by certiorari of an interlocutory order entered in that action which denied petitioners’ objections to and motion to strike respondent’s additional defense to count two of the amended complaint, and which denied petitioners’ motion for partial summary judgment as to the issue of liability with respect to said count two. The petition for certiorari alleges that it is based upon two grounds, to wit: firstly, that the *532additional affirmative defense to…