JOSEPH SMITH, Plaintiff-Respondent v. MARYLAND CASUALTY COMPANY, and ANDREW SHAYATOVICH, Defendant-Respondent.

MARY W, SHEFFIELD, P.J.

■ Maryland Casualty Company (“Maryland Casualty”) appeals from the trial court’s entry of summary judgment in an equitable garnishment action. In two related points, Maryland Casualty argues the trial court erred in granting summary judgment based on the assertion of the plaintiff, Joseph Smith (“Smith”), that Maryland Casualty had waived its right to deny coverage. We reverse because Smith’s motion for summary judgment and the supporting documents did not demonstrate Smith was entitled to judgment as a matter of law.

Standard of Review

“Appellate review of the grant of…