Furr v. Carmichael

PARKER, Judge.

I. Plaintiffs’ Appeal

Plaintiffs first argue that the trial court erred in entering the 17 September 1984 Order granting defendants’ partial summary judgment on the issue of fraud and dismissing plaintiffs’ claim for fraud. Plaintiffs contend, and we agree, that the issues before the court on defendants’ motion for summary judgment were the same issues that were before the court on plaintiffs’ motion heard by Judge Alexander and that his finding that there were triable issues of material fact precluded entry of partial summary judgment for defendants on their later motion.

The…