Lubar v. ConnellyAnnotate this Case
Lewis Lubar, the trustee of The Clover Trust, filed a complaint for foreclosure against Frederick Connelly. Connelly filed an answer and several affirmative defenses. The superior court granted Lubar’s motion for summary judgment and ordered the sale of Connelly’s residence. Connelly appealed. The Supreme Court vacated the judgment of foreclosure and order of sale, holding that summary judgment was improperly granted because (1) Lubar failed to include the minimum required, properly supported, facts in his statement of material facts, and therefore, Lubar failed to demonstrate that there were no genuine issues of material fact and that he was entitled to judgment as a matter of law; and (2) the record was rife with genuine issues of fact material to deciding the issues raised in this case, including Connelly’s affirmative defenses. Remanded.