AC39526 - Finney v. Cameron's Auto Towing Repair ("The plaintiff, John K. Finney, commenced this action alleging
that the defendant, Cameron’s Auto Towing Repair, breached its contract to repair
his vehicle. The defendant denied that it had agreed to repair the plaintiff’s
vehicle and filed a counterclaim alleging that the plaintiff had failed to pay
it for the towing and storage of his vehicle, and, thus, that he had abandoned
it. The plaintiff appeals from the summary judgment rendered in favor of the
defendant on his complaint and the defendant’s counterclaim. We conclude that
the trial court properly determined that the defendant was entitled to summary
judgment on the plaintiff’s complaint because it established that there was no
genuine issue of material fact as to its right to prevail on the plaintiff’s
claim. We further conclude, however, that the court erred in granting summary
judgment in favor of the defendant on its counterclaim against the plaintiff
because the defendant failed to state any basis upon which it was entitled to
judgment on the claim therein pleaded, either in its motion for summary
judgment or in its supporting memorandum of law. Accordingly, we affirm in part
and reverse in part the judgment of the trial court.")