Reynolds-Penland Co. v. Hexter & Lobello

I cannot agree that this is a proper case for summary judgment. In my opinion, the record presents fact issues or, at least a question of equitable discretion that could not properly be decided by the trial court on the summary-judgment proof.

The majority opinion approaches this case as if the principal question were whether neglect of the lessee “justifies” equitable relief. Such a statement of the question assumes a negative answer because, of course, the plaintiff’s neglect is never a ground of relief. As I see it, the question is rather whether the lessee’s forgetfulness bars equitable…