Ivey & Kornmann v. WelkAnnotate this Case
The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Ivey and Kornmann, a partnership, on the Partnership’s action brought against William Welk to collect on a debt, holding that the circuit court incorrectly resolved two preliminary questions of law that foreclosed the court’s analysis of numerous additional issues of law and fact that both parties raised on appeal.
When the Partnership commenced this action, Welk raised numerous affirmative defenses and also filed counterclaims against the Partnership for breach of contract, fraud, deceit, misrepresentation, negligent misrepresentation, and unjust enrichment. The circuit court granted summary judgment in favor of the Partnership on its action and on Welk’s affirmative defenses and counterclaims. The Supreme Court reversed and remanded, holding that the circuit court erred in resolving the questions of law regarding the legal effect of the partnership agreement and the viability of Welk’s counterclaims and that numerous unaddressed issues must be addressed by the circuit court.