Wireline, Inc., a Corporation v. Byron Jackson Tools, Inc., A/K/A Byron Jackson Division — Borg-Warner Corporation, a Corporation

This is an appeal from a decision and order granting the defendant, appellee here, a summary judgment. After the court had heard the motion for summary judgment and considered the affidavits filed in support thereof, and the counter affidavit filed in opposition thereto, the court filed an opinion and order setting forth the facts in the case and the contentions of the parties. It concluded that on the basis of the showing made to the court, “it cannot be said that there is any genuine issue of a material fact.” The court ordered that the plaintiff be granted a time within which to serve and file any additional evidence in opposition to the defendant’s motion for summary judgment, reciting that if no additional evidence was submitted summary judgment would be entered.

After plaintiff had taken advantage of the leave granted to supply additional or new evidence by way of affidavit or otherwise, and after receiving further briefs from the parties, the court then made its final order finding and determining that notwithstanding the receipt of this additional evidence, there was still no genuine issue of fact present in the case. It thereupon granted the motion for summary judgment…