Clark v. Munroe

ERVIN, Judge.

Clark’s issue on appeal is that the lower court erred in granting summary judgment in favor of appellees and in failing to grant it in his favor. Upon review of the record we find that material issues of fact remain, precluding the entry of summary judgment for either party. Accordingly, we reverse the lower court’s order and remand the cause for proceedings consistent with this opinion.

We arrive at this conclusion despite the fact the trial court’s order recites that during the summary judgment proceedings, all parties stipulated that the entire case could be decided on the…