Motchan v. STL Cablevision, Inc.

SIMON, Judge.

Appellants, Brent L. and Marilynn A. Motchan, appeal the summary judgment entered in their trespass action against respondent, STL Cablevision, Inc. We reverse and remand.

Initially, we recognize that:

[rjeview of summary judgment is equivalent to review of a court-tried case and, if, as a matter of law the judgment is sustainable on any theory, the judgment of the trial court will be sustained. Review is made of the entire record in a light most favorable to the party against whom summary judgment is entered. The reviewing court first determines whether there is any genuine issue…