Britt v. Britt

MORRIS, Judge.

The only question raised by plaintiff’s appeal is whether the. court properly allowed defendants’ motion for summary judgment. The purpose of the motion for summary judgment is to determine prior to trial whether there is any genuine issue, with respect to any material fact and, if not, to provide for an early and effective disposition of the matter.

“An issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action. The issue…