Floyd v. Equitable Life Assurance Society of the United States

In this appeal the plaintiffs-below challenge the trial court’s dismissal of their complaint on a motion for summary judgment made by the defendant-below and appel-lee in this Court, The Equitable Life Assurance Society of the United States. The appellants contend that because the Circuit Court of Marion County committed an error of law, its order granting summary judgment and dismissing the complaint with prejudice should be reversed. We conclude the trial court erred in granting the defendant’s motion for summary judgment.

The appellants are all children of William Floyd, deceased, and Elsie…