Dusenbery v. Hawks

OPINION

Hooten, Judge

In this multiparty litigation, the district court granted summary judgment in favor of respondent lender, determining that with respect to loan collateral, lender’s security interest has priority over appellant bailee-in-possession’s lien interest. The district court also granted summary judgment for lender with respect to lender’s breach of contract claim against appellant borrower and developer. Appellants challenge the district court’s grant of lender’s motion for summary judgment. We reverse the district court’s priority determination, and remand for further…