Lyons v. Menominee Enterprises, Inc.

The plaintiffs moved for summary judgment. The trial court denied their motion. The sole issue on appeal is whether the trial court abused its discretion in thus denying such motion.

Summary judgment is a drastic remedy, and a motion for summary judgment is not a substitute for demurrer or judgment on the pleadings. The summary judgment statute 2 vests discretion in the trial court as to whether the case should be tried. 3 The limits of such trial court discretion are not narrow. 4 Where the material facts are in dispute or permit inconsistent inferences as to necessary ultimate facts, summary…