Webster v. Byrd

Plaintiff Robert R. Webster appeals from a summary judgment in favor of defendant, Charles L. Byrd, in a defamation action. We reverse and remand.

The motion for summary judgment did not specify whether it was based upon there being no genuine issue of material fact as to any element of the affirmative defense of absolute privilege (as argued in Byrd's brief) or upon there being no genuine issue of material fact as to any element of the cause of action for defamation. If there is a genuine issue of material fact as to any element of the affirmative defense of absolute privilege and if there is…