Cobb v. Leyendecker

I respectfully dissent from the majority’s opinion. I believe that this case should be dismissed because appellant is seeking review of issues denied by way of summary judgment.

The majority’s statement that appellant is asking this court to review the January 6, 2004, judgment rather than the trial court’s denial of a motion for summary judgment is disingenuous. In truth, the issues on appeal revolve solely around the matters addressed in the denial of the motion for summary judgment. With that in mind, I treat this case as one involving the denial of a motion for summary judgment.

Appellant…