J.T. Turner Construction Co. v. Summerour

JOHNSON, Presiding Judge.

J.T. Turner Construction Company, Inc. (“Turner”) obtained a default judgment against SWI Partners (“SWI”), a general partnership, and Ernest Burns, one of SWI’s partners, for breach of contract and negligent construction. Turner then filed a lawsuit against Orlando Summerour and Randy Hatcher, two other SWI partners, alleging that they were jointly and severally liable for the judgment against SWI. Turner moved for summary judgment, but Summerour and Hatcher responded that they could not be held liable until they “had their day in court.” The trial court agreed and…