Bi-Ed, Ltd. v. Ramsey

OPINION

The question presented in this case is whether a trial court is authorized to set aside a partial summary judgment after the conclusion of a jury trial on issues not encompassed by the summary judgment and to then render judgment against the movant. Based on the facts in this record, the trial court erred in denying the movant a new trial once the partial summary judgment was set aside.

This is a dispute between Larry Ramsey, a developer, and Bi-Ed, Ltd., an adjoining property owner, regarding access across and ownership of a one-foot wide strip of land. The strip lies between the…