Opinion
Aug. 27, 1974.
Editorial Note:
This case has been marked 'not for publication' by the court.
Gavend, Sullivan & Bryans, David M. Bryans, Denver, for defendants and third-party plaintiffs-appellees.
Zarlengo, Mott & Zarlengo, Craig C. Eley, Richard T. Spriggs, Denver, for third-party defendant-appellant.
BERMAN, Judge.
This is an appeal from a final judgment granting third-party plaintiffs' motion for summary judgment and denying third-party defendant's motion for summary judgment. We reverse.
The issue involved in the dual motions for summary judgment was whether an endorsement was part of a policy issued to appellees by appellant.
Appellant contends that the court below erred in granting the motion for summary judgment because there were disputed factual questions involved that should have been submitted for determination by a jury. On oral argument in this court, counsel for appellees conceded that such fact questions existed. We agree.
Summary judgment may be granted only when there is a complete absence of any genuine issue of fact after all doubts have been resolved against the moving party. Ridgewood Mobile Homes Park, Inc. v. Alameda Water & Sanitation District, 159 Colo. 178, 410 P.2d 641.
Judgment is reversed and the cause remanded for trial on all issues.
PIERCE and STERNBERG, JJ., concur.