Franklin Financial v. New Empire Development Co.

How courts have described this case

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

• holding that, for purposes of preservation, an argument was \made too late\ when \it was not presented to the trial court prior to the ruling on the motion for summary judgment\
• accepting facts as undisputed when party opposing summary judgment failed to file responsive affidavit or other evidentiary materials allowed by Rule 56(e)
• \[MJatters not presented to the trial court may not be raised for the first time on appeal.\ (emphases added)
• where no motion to strike, objection to affidavits based on, inter alia, a lack of personal knowledge was waived
• even if affidavits in support of summary judgment were defective, party opposing summary judgment motion failed to move to strike and was deemed to have waived his opposition to evidentiary defects
• burden on parties to make certain record adequately preserves arguments for review

Source: CourtListener parenthetical corpus (CC0).