Vibert v. Bank of America, N.A.

McFadden, Judge.

This appeal is from a trial court order granting summary judgment to a bank on its claim seeking reformation of a security deed to correct the mistaken omission of a signatory on the deed. The trial court correctly found that there is no genuine issue of material fact: the omission of the signature contravened the parties’ intention and was the result of a mutual mistake. That finding is correct — notwithstanding the evidence that the bank was negligent. We therefore affirm.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled…