Opinion
No. 88-715.
Filed September 28, 1990.
Appeal from the District Court for Dakota County, ROBERT E. OTTE, Judge, upon the recommendation of the Appellate Division of the District Court, HAMILTON, KNAPP, and QUIST, District Judges. Reversed and remanded for further proceedings.
Daniel L. Hartnett, of Crary, Huff, Clem, Raby Inkster, for appellant.
Patrick G. Rogers, of Rogers Rogers, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
On the bases of the briefs, the record, and the recommendation of the Appellate Division of the District Court, we find that questions of fact exist and therefore the trial court erred in awarding summary judgment to the defendant. Accordingly, the judgment of the district court is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.