Byrum v. Register's Truck & Equipment Co., Inc.

MORRIS, Judge.

Theisen’s motion was filed 16 October 1974. On 5 January 1976, Judge Rouse entered an order requiring the parties to “ ... be prepared with affidavits and memoranda of law to argue the motions to dismiss ...” on 2 February 1976. Register filed affidavits on 15 and 22 November 1974. However, Theisen did not file its two affidavits until 2 February 1976, the day of the hearing. The court in its order stated that it had reviewed “ . . . the file, including Affidavits filed on the date of the hearing. . . ” It found that certain trailers were manufactured by Theisen allegedly from…