Hyde Insurance Agency, Inc. v. Dixie Leasing Corp.

BROCK, Chief Judge.

After the hearing on plaintiff’s motion for summary-judgment under Rule 56, the trial judge proceeded to make what he termed “Findings of Fact.” Summary judgment should be entered only where there is no genuine issue as to any material fact. If findings of fact are necessary to resolve an issue as to a material fact, summary judgment is improper. There is no necessity for findings of fact where facts are not at issue, and summary judgment presupposes that there are no triable issues of material fact. Although findings of fact are not necessary on a motion for summary…