Robinson v. Woods

Terry Robinson and Stephanie Hammonds (plaintiffs) sued Aaron Woods and Woodland Properties (Woodland) (defendants) to quiet title, and Woodland mailed a summary-judgment motion set for hearing on April 12, only 76 days after mailing (rather than the 80 required for mailed service) and just 18 days before trial. On April 12, the trial court agreed the notice was defective on both counts, but rather than denying the motion, it simply continued the hearing four days, found good cause to proceed within 30 days of trial, and granted summary judgment to Woodland on April 16 -- giving the plaintiffs no formal notice period at all for the newly legalized hearing date. The plaintiffs, who had never addressed the motion's merits, appealed.