Kendrick v. White

The plaintiff, Carol B. Lecker, a widow, appeals from an adverse order of the trial court granting the motion filed pursuant to H.R.C.P. Rule 56, by defendant, General American Life Insurance Company, for a summary judgment. The trial court by this order implicitly found that, based upon the pleadings, deposition, answers to interrogatories, and affidavit on file in this case, there was no genuine issue of material facts, and that defendant was entitled to judgment upon the record. We reverse and remand this case for further proceedings not inconsistent with this opinion.