court. Failure to pursue a pretrial motion to hearing and decision before trial is deemed an abandonment of that motion; however, said motion may he heard after the commencement of trial in the discretion of the court. URCCC 2.04 (emphasis added). Trial was set for July 13. Perlman filed her motion for summary judgment on June 15 and set it for hearing. Faul responded on June 28. As noted by the circuit court, the earliest the court could hear the motion was July 12. We agree with the circuit court that the fact Perlman’s motion was not heard by July 2 was due to the court’s busy schedule, not Perlman’s failure to pursue her dispositive motion to a hearing and disposition. URCCC 4.03(5); URCCC 2.04. Cf. Braddock Law Firm, PLLC v. Becnel, 949 So.2d 38, 46-47 (¶ 31) (Miss.Ct.App.2006) (<HOLDING>). ¶ 33. We find no reversible error in the
holding trial court had discretion to look past partys failure to techni cally comply with rule 4032 so long as the purposes of the rule were fulfilled holding that failure to comply with bankruptcy rule 4004 may be waived recognizing rule holding that a court may sua sponte dismiss pursuant to rule 41b for failure to comply with a court order holding a party must timely present his legal theories to the trial court so as to give the trial court an opportunity to rule properly