The moving party sought to set aside or stay an ex parte order granting summary judgment and specific performance of an agreement of purchase and sale concerning real property.
The court examined whether the order had been properly obtained under Rule 37.14 of the Rules of Civil Procedure after the moving party allegedly failed to file responding materials.
The court found that proper notice of the earlier motion had not been given to the solicitor of record and that the basis for the ex parte summary judgment order did not exist.
Given the procedural irregularities and the absence of a hearing on the merits of the crossclaim, it would be unjust to allow the order to stand.
The ex parte order was therefore set aside, subject to terms allowing the summary judgment motion to be re-scheduled and addressing the status of affidavits filed in the interim.
