Driggers v. Style Crest Products, Inc.
Driggers v. Style Crest Products, Inc.
Opinion of the Court
Dennis Driggers and Dewayne Driggers (the Driggers) appeal from the trial court’s grant of summary judgment to Style Crest Products, Inc. (Style Crest). In addition to arguing that summary judgment was inappropriate, the Driggers contend that the trial court erred in granting summary judgment without holding oral argument when it was requested in writing. We agree that the trial court erred in failing to hold oral argument and reverse.
Style Crest sued the Driggers and others
1. The Driggers first contend that the trial court erred in failing to hold an oral hearing as required by Uniform Superior Court Rule (USCR) 6.3. We agree.
The rule provides that
oral argument on a motion for summary judgment shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled “Request for Oral Hearing,” and provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response.
“Under this rule, whether oral argument is heard is within the power of the parties, and is not left to the discretion of the trial court. All a party need do is make a written request for oral argument and it shall
2. In light of our holding in Division 1, the Driggers’ remaining enumeration is moot.
Judgment reversed and case remanded with direction.
Style Crest also sued Trius, Inc. and John Morgan.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.