Kilcullen v. Calbom & Schwab, PSC

Siddoway, A.C.J.

¶1 The law firm of Calbom & Schwab PSC (C&S) appeals the trial court’s summary judgment *197determination that a shareholder loan received from a former partner, Kathleen Kilcullen, was due, was owing, and must be promptly paid. We agree with the law firm that the court relied on its concern over a long, unexplained delay in payment by the law firm and the possibility of a legal basis for immediate liability rather than on a demonstration by Ms. Kilcullen that undisputed facts support relief. On the record presented, summary judgment was unwarranted. We reverse and remand.

FACTS…