Tongay v. Franklin County Mercantile Bank

KELLY, Judge.

Harry Tongay and his wife June appeal from the judgment of the trial court granting summary judgment in favor of respondents Franklin County Mercantile Bank and Mercantile Baneorporation, Inc. on count two of appellants’ petition seeking actual and punitive damages in their action against respondents for slander of title. Count one of the petition which sought cancellation of a deed of trust was dismissed without prejudice by appellants. The judgment is reversed and remanded.

Summary judgments are authorized only when there is no issue of any material fact and the party requesting…