Tomayko v. Thomas

DREW, Justice.

The opinion of the district court in this case 1 states that “the facts are largely undisputed” and concludes that there existed no genuine issue of- material fact relative to the defendant’s assertion of gift of certain sale proceeds because:

“The unsupported assertion of gift by the person who received the funds was not sufficient to raise a genuine issue of material fact where nothing in the record supported such an assertion.”

The pertinent conflict alleged by the petition for writ of certiorari in this Court is with five decisions prescribing general summary judgment rules,…