[Download] "Indiana National Bank v. State Dept. of Human Services" by South Carolina Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Indiana National Bank v. State Dept. of Human Services
- Author : South Carolina Supreme Court
- Release Date : January 20, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
10 Summary judgment is a device used to reach a final judgment where there is no dispute as to any material fact. Manora v. Watts Regulator Co., 784 P.2d 1056, 1058 (Okla. 1989). A court may look beyond the pleadings to evidentiary material to determine whether any issue remains for jury determination. Flanders v. Crane Co., 693 P.2d 602, 605 (Okla. 1984). The court may consider evidence outside the pleadings such as depositions, admissions, answers to interrogatories and affidavits. 12 O.S. 1991, Ch. 2, App., Rule 13. The court may not weigh evidence, but only review the evidence presented to determine whether there is a factual dispute. Stuckey v. Young Exploration Co., 586 P.2d 726, 730 (Okla. 1978). All inferences in the evidence must be taken in favor of the party opposing the motion. Erwin v. Frazier, 786 P.2d 61, 62 (Okla. 1989). Summary judgment is improper if under the evidence, reasonable men could reach different conclusions from the facts. Runyon v. Reid, 510 P.2d 943, 946 (Okla. 1973). The moving party has the burden of showing there is no substantial controversy as to any material fact. Loper v. Austin, 596 P.2d 544, 545 (Okla. 1979). After this showing, the opposing party must demonstrate there exists a material fact in dispute which would justify a trial. Martin v. Chapel, Wilkinson, Riggs and Abney, 637 P.2d 81, 84 (Okla. 1981). These burdens may be met by circumstantial evidence. Manora, supra, 784 P.2d at 1058.