Turner v. Turner

Plaintiff advances two arguments in support of his position that the trial court erred in granting defendant’s motion for summary judgment. In his first argument, plaintiff contends that an evidentiary conflict exists between defendant’s deposition testimony and her affidavit in support of her summary judgment motion, which raises a genuine issue of material fact and thereby precludes summary judgment in her favor. Plaintiff next argues that, even assuming arguendo that no such evidentiary conflict exists, summary judgment for defendant was still improper because (1) plaintiff was competent…