Munyon v. Moe

The issue, as we see it, is whether the trial court abused its discretion in denying the motion for summary judgment upon the basis there are material facts in dispute.

The discretionary nature of a trial court’s authority in the area of summary judgment was discussed in Zimmer v. Daun (1968), 40 Wis. 2d 627, 631, 162 N. W. 2d 626:

“We think sec. 270.635, Stats., providing for summary judgment, does not confer a right to summary judgment but rather confers on the trial court a discretionary power to grant summary judgment when it believes summary disposition of a case is called for. The…