Ivey v. Crown Memorial Park, LLC. (In Re Lee Memory Gardens, Inc.)

MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

This adversary proceeding came before the court on August 25, 2005, for hearing upon the defendant’s motion for summary judgment. Robert S. Adden, Jr. appeared on behalf of the defendant and Robert L. McClellan appeared on behalf of the plaintiff. After considering the arguments of counsel, the evidence submitted by the parties and the applicable law, the court concludes for the reasons that follow that the motion should be denied.

STANDARD OF REVIEW

Summary judgment is appropriate when the matters presented to the court “show that there is…