Yoho Automotive, Inc. v. Shillington

*1254OPINION

BENCH, Judge:

Defendant H.F. “Moe” Shillington seeks to overturn a summary judgment rendered against him in an action to enforce a personal guaranty. We reverse and remand.

A summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Utah R.Civ.P. 56(c). On appeal of a summary judgment, we review the facts in the light most favorable to the losing party, and…