Ehrenhaft v. Malcolm Price, Inc.

MACK, Associate Judge:

The instant appeal reaches this court upon review of separate motions for summary judgment granted in favor of defendants-appellees. We hold that the motions were improperly granted, for two reasons. First, the trial court that granted the motions did so in contravention of the “law of the case” as it had been established by a prior coordinate court on the issue of whether language in a contractual clause was ambiguous. Second, we hold that the “discovery rule” 1 should be extended under the facts of this case to determine the commencement of the statute of limitations…