Gleason v. Guzman

I respectfully dissent.

The majority opinion, as I read it, holds that the trial court erred procedurally by granting defendants’ motion for summary judgment because there existed a genuine issue of fact which should have been submitted to a jury for determination. In my view, there was no genuine issue of fact remaining after the combined hearing on defendants’ motion for summary judgment *390and the plaintiff’s motion to set aside the release. Therefore, the trial court, after denying the motion to set aside the release, properly granted the defendants’ motion for summary judgment. It is clear…