DeBord v. Muller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant’s affirmative defense raised in a motion but not in the answer was not fatal to its argument that the summary judgment before the court required the trial court’s judgment be reversed
• holding that because both summary judgment motions were properly before the court at the time judgment was rendered, all the evidence accompanying defendant's motion for summary judgment was likewise evidence to be considered in deciding plaintiff's motion and vice versa
• holding that because both summary judgment motions were properly before the court at the time judgment was rendered, all the evidence accompanying defendant's motion for summary judgment was likewise evidence to be considered in deciding plaintiff's motion and vice versa
• holding that because both summary judgment motions were properly before the court at the time judgment was rendered, all the evidence accompanying defendant's motion for summary judgment was likewise evidence to be considered in deciding plaintiff's motion and vice versa
• holding summary judgment unavailable to defendant on unpleaded affirmative defense
• “Since both motions were properly before the court at the time judgment was rendered, all the evidence accompanying defendant DeBord’s motion was likewise evidence to be considered in deciding plaintiff’s motion and vice versa.”

Source: CourtListener parenthetical corpus (CC0).