Southwestern Bell Yellow Pages, Inc. v. Dye

SIMON, Presiding Judge.

Appellant, Bill H. Dye, appeals a summary judgment entered in favor of respondent, Southwestern Bell Yellow Pages, Inc., on his counterclaim for breach of contract, fraudulent representation, and negligent misrepresentation. On appeal, he contends the trial court erred in granting respondent summary judgment on the grounds that he had previously released respondent from those claims. We reverse and remand.

Summary judgment is appropriate where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that…