[APPEALS] Davis & Sons Excavating LLC v. International Union of Operating Engineers Local 150, et al., 24A PL 808

At all times relevant to this interlocutory appeal, International Union of Operating Engineers, Local 150 ("the Union") was engaged in ambulatory picketing of Davis & Son Excavation, LLC ("the Business"). At some point, a sign was posted outside the Business accusing agents of the Union of stalking Business principal Marc Davis's wife and children. The Union and two agents (collectively, "the Appellees") filed suit against the Business, Business principals, and Marc's wife (collectively, "the Appellants") alleging defamation. The Appellants moved for summary judgment, asserting that the truth is a defense to a claim of defamation and designated materials, which they alleged proved that agents of the Union had stalked Marc's wife and their children. In opposition, the Appellees designated materials, which they claimed created an issue of material fact. The Appellants then filed a motion to strike, in which they argued that the Appellees' response and designated materials had been untimely filed. The trial court found otherwise and denied both the Appellants' motions. The questions on appeal are whether the trial court erred in denying the Appellants' motions to strike and for summary judgment.

The scheduled panelists are Chief Judge Altice, Judge Bradford, and Judge Kenworthy.