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Sunset Help LLC v. Community S. Bank

The trial court improperly ruled on the parties' motions for summary judgment without conducting an oral hearing as required by Uniform Superior Court Rule 6.3.

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Community Southern Bank filed an action against Sunset Help, LLC, John P. Malloy, Sr., and Patrick Malloy to recover money due on a promissory note. The Superior Court of Carroll County granted the Bank’s motion for summary judgment, and Sunset Help appeals. Because we conclude that the trial court failed to conduct an oral hearing as required by Uniform Superior Court Rule 6.3, we reverse the trial court’s order granting the Bank’s motion for summary judgment and remand for further proceedings.

Following initial discovery, the Bank filed a motion for summary judgment on January 6, 2014. On February 5, 2014, the Bank and Sunset Help executed a stipulation that provided that “Sunset Help shall have through and including Monday, February 17, 2014, to respond to the Bank’s previously-filed motion for summary judgment.” Pursuant to the terms of the parties’ stipulation, Sunset Help filed its response to the Bank’s motion on February 17, 2014. Contemporaneously with its response, Sunset Help filed a cross-motion for summary judgment. On February 20, 2014, Sunset Help filed a separate pleading entitled “Defendants’ Request for Oral Hearing.” After additional briefing, and without conducting a hearing, the trial court entered an order on May 7, 2014 granting the Bank’s motion and denying Sunset Help’s cross-motion. This appeal followed.

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