City State Bank v. Dean Witter Reynolds, Inc.

HIGHERS, Judge.

This is an interlocutory appeal from the trial court’s grant of partial summary judgment in favor of defendants on the basis of the statute of limitations. The primary issue for our determination is whether there exists a genuine issue of material fact with respect to when the plaintiff banks discovered or reasonably should have discovered their cause of action against defendants. We hold that this issue was inappropriate for resolution by summary judgment and, therefore, we reverse the judgment of the court below.

FACTS

The plaintiffs, City State Bank and The Bank of Sharon, are…