Gudenau & Co., Inc. v. Sweeney Ins., Inc.

OPINION

MATTHEWS, Justice.

On a motion for summary judgment the superior court dismissed appellant Gude-nau & Company’s (Gudenau) counterclaim, ruling that it was barred by the statute of limitations. Because Gudenau raised significant questions of fact concerning appel-lee’s ability to invoke the statute of limitations defense, we reverse the dismissal of Gudenau’s counterclaim and remand the case for trial.

I

Summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to…