Dial v. Morgan

This is a summary judgment case.

The trial court granted Morgan’s (plaintiff/judgment creditor’s) motion for summary judgment against Dial (defendant/judgment debtor).

Dial appeals, and we affirm.

In a prior proceeding, Morgan sued Dial for breach of contract and warranty in connection with repairs done on Morgan’s home. The jury returned a verdict for $25,000 in favor of Morgan and against Dial.

Dial’s insurance carrier paid Dial $12,500 and made the following statement in an affidavit:

*15“Pursuant to a judgment entered in case number CV-83-001574 in favor of Mr. Morgan and against Dial & Company,…