Oles v. Curl

QUINN, Justice.

David Oles (Oles) appeals from a final summary judgment entered in favor of Robert S. and Glenna R. Curl (the Curls). Through two issues, he asserts that the trial court erred in granting the judgment and denying his motion for new trial. We reverse and remand.

Background

Oles sued the Curls seeking a declaratory judgment and damages for trespass and conversion. The dispute arose from Oles’ execution, in favor of the Curls, of a promissory note and deed of trust assuring payment of the note. Oles defaulted and the Curls proceeded to foreclose upon the deed of trust. The…