Auto World Body & Paint, Inc. v. Sun Electric Corp.
Auto World Body & Paint, Inc. v. Sun Electric Corp.
Opinion of the Court
Appellants’ affirmative defenses and counterclaim set forth defenses or claims which, if capable of proof, would constitute at least a partial defense or basis for relief from the claims made by the plaintiff-ap-pellee. The record before the trial court, including the affidavit filed by appellee in support of its motion for summary judgment was inadequate to establish any but the most basic facts concerning this litigation, offering no enlightenment as to the details of or the elements of the breach and damages sought, other than the most “bare bones” facts appearing on the face of the pleadings themselves. Thus, the “summary judgment” amounts in effect to a judgment on the pleadings.
While we may agree that appellant displayed a somewhat less than energetic defense posture in the court below, we cannot condone the entry of a summary judgment
We therefore reverse the orders striking appellants’ defenses and dismissing their counterclaim, and the summary final judgment, and remand this cause for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.