The plaintiffs brought a motion for summary judgment seeking the proceeds of a property sale, relying on a separation agreement between the deceased and the defendant.
The defendant argued the agreement was signed under duress.
The court dismissed the plaintiffs' motion for summary judgment because the notice of motion failed to comply with Rule 37.06 by not specifying the rules relied upon, and lacked a proper evidentiary record for either a Rule 20 or Rule 21 motion.
The court also struck the defendant's counterclaim with leave to amend to properly plead the request to set aside the separation agreement.
