Ferguson v. Duron Inc.

Duron, Inc. “Duron” sued John Ferguson d/b/a Ferguson & Son Painting “Ferguson” to recover $13,811.01 due on an open account, $490.38 interest and $1,455.14 in attorney fees. Duron served Ferguson with interrogatories and requests for admission along with the complaint. Ferguson, proceeding pro se, filed an answer but failed to respond to discovery requests. Alleging Ferguson had admitted the debt, Duron moved for summary judgment, which was granted on May 21, 1999.

Ferguson then retained counsel, who discovered that Ferguson had never been served with the summary judgment motion. On that basis, Ferguson filed a motion for reconsideration. In an order dated August 25, 1999, the trial court granted Ferguson’s motion and provided Ferguson 33 days to respond to Duron’s motion for summary judgment. Ferguson filed no response, and on October 12, 1999, the trial court granted summary judgment to Duron. Ferguson appeals. Held: