United Bank of Arizona v. Allyn

OPINION

LANKFORD, Judge.

This appeal challenges a summary judgment entered by the superior court. The question presented is whether the court properly granted appellee’s motion for summary judgment despite evidence presented with the motion which revealed on its face that summary judgment was not warranted. Appellants claim that the exhibits attached to the moving party’s summary judgment motion revealed genuine issues of material fact which precluded summary judgment even though they did not file a response to the motion. We agree and reverse the judgment.

I

The facts must be viewed most…