Batiza v. Superfon

OPINION

FERNANDEZ, Judge.

Appellees George and Esperanza Batiza filed suit against appellant Neil P. Super-fon as trustee of the NPS Defined Contribution Pension Plan (Pension Plan) for failure to pay a promissory note. The trial court granted the Batizas’ motion for summary judgment, and the trustee has appealed, arguing that disputed fact issues exist so as to preclude entry of summary judgment.

In attempting to collect their judgment, the Batizas discovered that the Pension Plan had been terminated and its assets transferred to Arizona Skin and Laser Surgery Profit Sharing Plan (Profit…