Young v. Thomas

HANSEN, Presiding Judge:

dissenting;

I agree with the conclusion that this matter must be remanded to the trial court because material issues of fact remain in controversy, but not for the reasons expressed in the majority’s opinion. The majority erroneously bases its determination on issues relating to Young’s purported breach of contract and fraud claims, when the record reveals Young could not have recovered on those theories below. Thomas was therefore entitled to judgment as a matter of law on those theories. For the reasons set forth below, the material issues of fact remaining in…