First State Bank of Rushmore v. Van Ruler

OPINION

RANDALL, Judge.

Respondent First State Bank of Rushmore sued appellant Martin Van Ruler for non payment of promissory notes. Respondent moved for summary judgment. The trial court took the matter under advisement and gave the parties more time to furnish briefs.

In June 1985, appellant retained different counsel. In an order dated September 3, 1985, the trial court granted summary judgment to respondent, ordered respondent to submit a statement of requested attorney fees to be awarded, and stayed the judgment. Appellant now moved for a new trial, raising, for the first time, the defense…