We therefore conclude that our review is de novo, aided by the analysis of the circuit court. See Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 11, 281 Wis. 2d 275, 697 N.W2d 90. ¶ 11.
A material fact is such fact that would influence the outcome of the controversy." Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90 (citations omitted). Therefore, summary judgment is appropriate only when there is no dispute over facts that would affect the outcome of the case.
See S Pac Transp Co, 456 US at 343. See also In re Modern Bldg Materials Inc Chapter 128 Receivership, 281 Wis 2d 275, 278; 697 NW2d 90 (2005) ("[L]iability for payment of freight charges is governed by contract law, and . . . there exist common law presumptions that a consignee and a consignor may be liable for the payment of those freight charges. These presumptions may be rebutted, however, by evidence that the carrier and the consignor agreed that the consignor would be liable, exclusively, for such charges.
A material fact is such fact that would influence the outcome of the controversy.” Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis.2d 275, 697 N.W.2d 90 (citation omitted). All facts and reasonable inferences must be viewed in the light most favorable to the nonmoving party.
A material fact is one that would influence the outcome of the controversy. Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis.2d 275, 697 N.W.2d 90. Arn's e-mail advising that restructuring the sale allowed Amcore to “get the deal approved” was not material because Mark already knew about Jones' blemished business history yet still had told Arn that he was amenable to “just get[ting] it done” if Arn was “ok closing the amcore end before the usda does their thing.” Besides, Mark and Robert intended to run the business themselves.
¶ 15 To overcome summary judgment, the proffered information must be material to the outcome of the dispute. SeeMarine Bank v. Taz'sTrucking, Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90. Here, the record facts establish that Highway B is a recorded highway.
A material fact is one that would influence the outcome of the controversy. Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90 (citation omitted). In examining the evidence, we view it in the light most favorable to the nonmoving party and draw all reasonable inferences in favor of the nonmoving party.
A material fact is one that would influence the outcome of the controversy. Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90 (citation omitted). In examining the evidence, we view it in the light most favorable to the nonmoving party and draw all reasonable inferences in favor of the nonmoving party.
"An issue of fact is genuine if a reasonable jury could find for the nonmoving party." Marine Bank v. Taz's Trucking, Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90. A fact is material if it would influence the outcome of the controversy. Id.
In order for an issue of material fact to be "genuine," a reasonable jury must be able to find for the nonmoving party. Marine Bank v. Taz's Trucking,Inc., 2005 WI 65, ¶ 12, 281 Wis. 2d 275, 697 N.W.2d 90. All references to the Wisconsin Statutes are to the 2005-06 version unless otherwise noted.