Clarence E. Johnson v. Tanner-Peck, L.L.C.; William B. Tanner; Individually and d/b/a Tanner-Peck Outdoor, et al.

This is the second appeal in this breach of contract case. The plaintiff employee filed this lawsuit against the defendants for breach of an oral employment agreement. The trial court granted summary judgment in favor of the plaintiff and awarded him damages. The defendants filed a motion to revise the summary judgment order and submitted an affidavit in support of the motion. The trial court struck the supporting affidavit and denied the motion to revise. The defendants filed the first appeal. In the first appeal, the trial court’s grant of summary judgment, including the award of damages, was affirmed, but the cause was remanded to the trial court for findings on its denial of the motion to revise. On remand, the trial court explained that it struck the affidavit submitted with the motion to revise for lack of personal knowledge and because it violated the Dead Man’s Statute. The defendants now appeal the trial court’s order denying the motion to revise. We reverse the denial of the motion to revise and remand for a recalculation of damages.