First Federal Savings & Loan Ass'n v. Deane

The defendant has filed a motion for summary judgment in the instant title malpractice case based on the Statute of Limitations. In essence, he admits the facts pleaded by the plaintiff, states that only a question of law exists, i.e. the application of the Statute of Limitations to the facts, and asks that the question of law be resolved in his favor.

As has recently been pointed out by our Supreme Court, “[sjummary judgment should be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving…