In Re the Estate of Marson

¶14 I respectfully dissent from the Court’s opinion. I would affirm the District Court’s denial of the Estate’s motion for partial summary judgment and grant of summary judgment to Collins.

¶15 I certainly agree with the Court’s statements about our standards in reviewing a trial court’s grant of summary judgment. I also agree with the Court’s recognition that summary judgment may be awarded to a nonmoving party so long as no genuine issues of material fact exist and the nonmoving party is entitled to judgment as a matter of law. ¶16 Collins’ claim against the Estate asserted a comrpon la^…