B & B Construction Co. of Ohio v. Rinker Materials Corp.

DOWNEY, Judge.

This is an appeal from a final summary judgment for the appellee awarding it 4,021.28, together with attorney’s fees.

We are unable to determine from the record before us that there was no genuine issue of material fact remaining in the trial court. Accordingly, the cause must be reversed and remanded to the trial court, without prejudice to the rights of the parties to file further motions for summary judgment if it can be clearly demonstrated that there is no genuine issue of fact remaining.

Since the matter must be returned to the trial court, we feel it appropriate to call…