Continental Insurance v. Whittington

The primary issue in this case is whether the court of appeals erred in reversing the final judgment of the trial court based upon the trial court’s decision denying Continental’s motion for summary judgment. The court of appeals held that the question whether a trial court errs in granting or denying a motion for summary judgment hinges upon a review of the evidence that was before the trial court at the time the decision was made. The evidence before the trial court at the time Continental’s motion for summary judgment was denied consisted of the deposition testimony of Whittington, Sonner,…