John Gibson Auto Sales, Inc. v. Direct Insurance Co.

I dissent from the majority’s opinion affirming the trial court’s grant of summary judgment to appellee. First, and foremost, we must be mindful that we are reviewing the trial court’s order that simultaneously denied appellant’s motion for summary judgment and granted appellee’s motion for summary judgment. Therefore, we must review the matter with awareness that the trial court’s decision, and our subsequent approval or disapproval of the trial court’s action, direcdy affects the parties’ access to our judicial system:

Our supreme court has stated that we only approve the granting of the…