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U.S. Traffic Corp. v. Turcotte

Plaintiff did not waive his affirmative defense of release by not asserting it in a responsive pleading to the defendant's counterclaim.

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USTC appeals from the trial court’s grant of partial summary judgment to Ronald Turcotte, claiming among others, that the trial court erred in accepting an amended motion for summary judgment and supplemental affidavit in support of the motion. Turcotte filed the amended motion and affidavit less than 30 days before the hearing and the trial court accepted them without continuing the hearing and without extending USTC’s time to respond. Because the court was required to allow USTC 30 days in which to respond to the amended motion, we reverse.

This case arose when Ronald Turcotte sued U. S. Traffic Corporation USTC claiming it was in default on a promissory note. The promissory note provided that USTC would pay Turcotte $7,500 a month for 36 months. The note stated that it was given in connection with and in consideration of Turcotte’s performance of his noncompete obligations as set forth in the settlement agreement.

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