Kirk v. Griffin

I respectfully dissent from the majority's opinion regarding the appropriateness of a summary judgment because I believe that Kirk failed to produce substantial evidence to "set forth specific facts showing that there is a genuine issue for trial." Rule 56(e), A.R.Civ.P. Once the Griffins, as the moving party, made a prima facie showing that there is no genuine issue of a material fact, and that they were entitled to a judgment as a matter of law, Kirk was required to present substantial evidence to defeat their motion. Capital AllianceInsurance Co. v. Thorough-Clean, Inc., 639 So.2d 1349…