NOLEN v. PETERSON

87-446.

544 So.2d 863 (1989)

Wilbur B. NOLEN II v. Mark B. PETERSON and John C. Wicks.

Supreme Court of Alabama.

Rehearing Denied April 28, 1989.


Attorney(s) appearing for the Case

Jerry Knight of Hardwick, Knight & Haddock, Decatur, for appellant.

W.J. McDaniel and Robert S.W. Given of McDaniel, Hall, Conerly & Lusk, Birmingham, and J. Michael Broom of Bell, Richardson, Herrington, Wilmer, Sparkman & Shepard, Huntsville, for appellee Mark B. Peterson.

G.R. Trawick and Thomas B. Klinner, Montgomery, for appellee John C. Wicks, M.D.


JONES, Justice.

This appeal presents two issues: 1) Whether the trial court abused its discretion by refusing to consider expert testimony filed on the date of a summary judgment hearing as opposed to being filed prior to the day of hearing, pursuant to Rule 56(c), A.R.Civ.P., where the trial court granted the plaintiff's earlier request for a continuance because his original counsel had withdrawn from the case, and where the plaintiff had employed new counsel two...

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