Bird v. Coleman

SIMMS, Justice:

On certiorari we are asked to determine whether the trial court erred in granting summary judgment in favor of appellees, the Birds. Appellant Coleman contends the trial court’s order was premature as material fact questions concerning his defenses to plaintiffs’ action were controverted and directly at issue. Coleman additionally argues that the trial court’s holding in favor of Birds on Coleman’s counterclaim is erroneous as their motion for summary judgment did not include the counterclaim and Coleman’s allegations therein had not been controverted or even addressed by Birds.