Lane v. Yamamoto

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from an order granting a motion to dismiss or in the alternative, for summary judgment. Appellant contends that based upon the record, there was a genuine issue of material fact as to whether Appellee George Yamamoto, in refusing for a period of time to return appellant’s gun to him, acted with malice. Based upon the record, there was evidence of malice and accordingly, we hold that the matter should have been left for a jury trial.

Most, if not all, of the documents attached to the appellee’s motion to dismiss or in the alternative, for…