Narrative Opinion Summary
Marlene Gallardo appeals the trial court's final summary judgment favoring Tower Hill Signature Insurance Company. The appellee concedes error, acknowledging that recent court decisions—Siegel v. Tower Hill Signature Ins. Co. and Francis v. Tower Hill Prime Ins. Co.—issued after the trial court's judgment, support this concession. The appellate court, upon reviewing the record, identifies genuine issues of material fact that remain unresolved. Consequently, the court reverses the final summary judgment and remands the case for further proceedings.
Legal Issues Addressed
Appellate Review of Summary Judgmentsubscribe to see similar legal issues
Application: The appellate court reviews the trial court's grant of summary judgment and finds unresolved genuine issues of material fact, warranting a reversal.
Reasoning: The appellate court, upon reviewing the record, identifies genuine issues of material fact that remain unresolved.
Concession of Error on Appealsubscribe to see similar legal issues
Application: The appellee concedes that the trial court's judgment was in error due to recent court decisions, influencing the appellate court's decision to reverse and remand.
Reasoning: The appellee concedes error, acknowledging that recent court decisions—Siegel v. Tower Hill Signature Ins. Co. and Francis v. Tower Hill Prime Ins. Co.—issued after the trial court's judgment, support this concession.