Moreover, the law is well established that the trial court must review the evidence and inferences in a light most favorable to the non-moving party. Milne v. Estate of Hillblom, 1997 MP 11 P3, 5 N. Mar. I. 80. Although the affidavit made by Jose and Yvonne do not state the time place or members present when the partida was made, when viewed in a light most favorable to Jose, the affidavits suggest there was a partida. As explained in our holding from Cabrera, summary judgment is not proper here because there is enough evidence from the affidavits, viewed in a light most favorable to the non-moving party to show that a material fact is in dispute, i.e. the existence of a partida.