The existence of a partnership and the intent behind a corrected deed are questions of material fact that require trial resolution.
A plaintiff seeking to impose a judgment lien against real property owned by a defendant faces disputed facts regarding whether the property is held by the individual debtor or a partnership. Although the defendant claims the property belongs to a partnership, the plaintiff asserts the property was held by a joint venture in the individuals' capacities. Because the existence of a partnership depends on the parties' intent and the source of purchase funds, and because the legal effect of a corrected deed to reflect a partnership depends on the parties' intent, genuine issues of material fact exist. Summary judgment is inappropriate when questions of intent must be resolved by a factfinder at trial.
At page 433 Treat cross-motions for summary judgment separately202 citing cases“cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.”
- Ptselnikov, No. 1:24-cv-01030 (D. Colo. Sept. 23, 2026).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Homeowners Ass'n of Players Club Villas Townhomes, Inc., The v. QBE Ins. Corp., No. 1:22-cv-02364 (D. Colo. Mar. 21, 2025).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Lumen Tech. Serv. Grp., LLC v. CEC Grp. LLC, No. 1:23-cv-00253 (D. Colo. Nov. 12, 2024).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Terranova v. SAFECO Ins. Co. of Am., No. 1:21-cv-03286 (D. Colo. Sept. 5, 2024).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Stewart v. Am. Fam. Mut. Ins. Co., S.I., 744 F. Supp. 3d 1198 (D. Colo. 2024).published (Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Hendrickson v. Rapid City, Pierre & E. R.R., No. 5:22-cv-05063 (D.S.D. Mar. 4, 2024).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Petersen v. Rapid City, Pierre & E. R.R., No. 5:22-cv-05064 (D.S.D. Feb. 27, 2024).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Moreno v. Circle K Stores, Inc., 713 F. Supp. 3d 1069 (D. Colo. 2024).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- KLX Energy Servs. LLC v. Magnesium Mach. LLC, No. 5:20-cv-01129 (W.D. Okla. Sept. 28, 2023).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Allstate Ins. Co. v. Cruz, No. 1:20-cv-03139, 2023 WL 6147077 (D. Colo. Sept. 20, 2023).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
Show 192 more citing cases
- Bertisen v. Travelers Home & Marine Ins. Co., The, No. 1:20-cv-03650 (D. Colo. Sept. 8, 2023).(Cross motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Lundy v. HL Motor Grp. Inc, No. 5:22-cv-00699 (W.D. Okla. July 10, 2023).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- First Nat'l Bank & Trust Co. Weatherford v. Hobbs, No. 22-01049 (Bankr. W.D. Okla. May 26, 2023).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a fact finder after a full trial.)
- Drum v. USAA Gen. Indem. Co., No. 1:21-cv-02422, 2023 WL 2375078 (D. Colo. Mar. 6, 2023).(Cross motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Colorado Access v. Atl. Specialty Ins. Co., No. 1:21-cv-02913 (D. Colo. Feb. 16, 2023).(Cross motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Cloudcover IP v. Buchanan, No. 2:21-cv-00237 (D. Utah Jan. 4, 2023).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a factfinder after a full trial.)
- Anderson v. Nationwide Agribusiness Ins. Co., No. 4:21-cv-04101 (D.S.D. Aug. 17, 2022).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- SE Prop. Holdings, LLC v. Stewart, No. 16-01087 (Bankr. W.D. Okla. Aug. 3, 2022).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a fact finder after a full trial.)
- Farm Bureau Prop. & Cas. Ins. Co. v. Sparks, 619 F. Supp. 3d 1104 (D. Utah 2022).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Indian Harbor Ins. Co. v. Houston Cas. Co., No. 1:21-cv-02404 (D. Colo. July 5, 2022).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Banks v. Jackson, No. 1:20-cv-02074, 2022 WL 1451904 (D. Colo. May 9, 2022).(Cross motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- David A Stewart & Terry P Stewart, No. 15-12215 (Bankr. W.D. Okla. Aug. 20, 2021).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a fact finder after a full trial.)
- Mehaffey v. Navient Solutions, LLC, 544 F. Supp. 3d 1128 (D. Colo. 2021).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Gage Bros. Concrete Prods. v. Cincinnati Ins. Co., 535 F. Supp. 3d 865 (D.S.D. 2021).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Grays v. Auto Mart USA, LLC, No. 1:18-cv-01761, 2020 WL 6268630 (D. Colo. Oct. 26, 2020).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Great Lakes Ins. SE v. Doe, 497 F. Supp. 3d 1003 (D.N.M. 2020).published (On a motion for summary judgment, we must construe the facts in a way most favorable to the nonmovant.)
- Ryan v. Corr. Health Partners, No. 1:18-cv-00956, 2020 WL 6134912 (D. Colo. Oct. 19, 2020).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Liberty Mut. Fire Ins. Co. v. Lyons, 489 F. Supp. 3d 1242 (D.N.M. 2020).published(Cross-motions for summary judgment are to be treated separately[.])
- Obed Saul Barragan Reyes - Adversary Proceeding, No. 19-01094 (Bankr. W.D. Okla. July 15, 2020).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a fact finder after a full trial.)
- Shack, LLC v. Hickman, No. 19-01042 (Bankr. W.D. Okla. Apr. 17, 2020).(Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a fact finder after a full trial.)
- Lupia v. Medicredit, Inc., 445 F. Supp. 3d 1271 (D. Colo. 2020).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Kirkland v. Robert W. Baird & Co., No. 1:18-cv-02724, 2020 WL 1452165 (D. Colo. Mar. 25, 2020).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Molina v. Ford Motor Co., 441 F. Supp. 3d 1176 (D. Colo. 2020).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Murway v. Allstate Fire & Cas. Ins. Co., 435 F. Supp. 3d 1158 (D. Colo. 2020).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Ruiz v. Woodward, Inc., No. 1:17-cv-03046, 2019 WL 6893039 (D. Colo. Dec. 18, 2019).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Gibson v. Brown, No. 1:16-cv-02239 (D. Colo. Sept. 17, 2019).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Johnson v. Colorado Seminary, No. 1:17-cv-02074 (D. Colo. Sept. 11, 2019).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- Oransky v. Martin Marietta Materials, Inc., 400 F. Supp. 3d 1143 (D. Colo. 2019).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- McGinnis, No. 5:23-cv-00641 (W.D. Okla. Aug. 3, 2026).(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- In re High Plains Computing, Inc., 596 B.R. 896 (Bankr. D. Colo. 2019).published(Cross motions for summary judgment are to be treated separately; the denial of one does not require the grant of another.)
- In re WM Distrib., Inc., 591 B.R. 52 (Bankr. D.N.M. 2018).published(Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of the other.)
- Iv, No. 1:24-cv-02863 (D. Colo. Sept. 18, 2026).“the denial of one does not require the grant of another”
- Riveras, No. 2:25-cv-00971 (D. Utah Sept. 14, 2026).England, Inc., 644 F.3d 1028, 1037 (10th Cir. 2011) (citation modified). 58 Bones v. Honeywell Intern., Inc., 366 F.3d 869, 875 (10th Cir. 2004) (citation omitted). 59 Celotex Corp. v. Catrett, 477 U.S. 317 , 322-23 (1986). 60 Adler v. Wal…
- Davis, No. 2:24-cv-02391 (D. Kan. Aug. 18, 2026).“the denial of one does not require the grant of another”
- Hill, No. 1:24-cv-00201 (D. Utah Aug. 10, 2026).“must construe the facts in a way most favorable to the nonmovant”
- Hooge, No. 2:26-cv-00180 (D. Utah Aug. 4, 2026).Sudduth, 608 F.2d 431, 433 (10th Cir. 1979). 81 Id. 82 Farmer v. Banco Popular of N. Am., 791 F.3d 1246, 1257 (10th Cir. 2015). 83 Chambers v. NASCO, Inc., 501 U.S. 32, 57 (1991). 84 Farmer, 791 F.3d at 1257 ; see also Goodyear Tire & Rubb…
- Thomas L. Daugherty v. Cottonwood Heights, No. 2:23-cv-00556 (D. Utah July 29, 2026).“must construe the facts in a way most favorable to the nonmovant”
- Tahirkheli, No. 2:24-cv-02426 (D. Kan. May 14, 2026).EMTALA’s private cause of action at § 1395dd(b)(2)(A) provides: Any individual who suffers personal harm as a direct result of a participating hospital’s violation of a requirement of this section may, in a civil action against the partici…
- Garcia, No. 2:24-cv-00653 (D. Utah May 14, 2026).“must construe the facts in a way most favorable to the nonmovant”
- Atl. Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138 (10th Cir. 2000).published
- Union Pac. R.R. v. City of Atoka, 6 F. App'x 725 (10th Cir. 2001).unpublished
- Christian Heritage v. Oklahoma Secondary, No. 04-6342 (10th Cir. Apr. 9, 2007).published
- Suncor Energy (U.S.A.) Pipeline Co. v. Saddle Ridge, LLC, 368 F. App'x 897 (10th Cir. 2010).unpublished
- Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc. Am. First Corp. Jack A. Alexander Kenneth W. Elsberry Richard P. Woltman & William J. Patton, Defendants/third- Party v. Norman Jay Hayes, Third-Party-Defendant-Appellee, 912 F.2d 1238 (1st Cir. 1990).published
- Scott E. McIntosh v. Scottsdale Ins. Co., 992 F.2d 251 (10th Cir. 1993).published
- Christian Heritage Academy v. Oklahoma Secondary Sch. Activities Ass'n, 483 F.3d 1025 (2d Cir. 2007).published
- Ultra Clean Holdings, Inc. v. TFG-California, L.P., 534 F. App'x 776 (10th Cir. 2013).unpublished
- Payne v. United States, 500 F. Supp. 571 (D. Colo. 1980).published
- Rural Tel. Serv. Co. v. Feist Publications, Inc., 663 F. Supp. 214 (D. Kan. 1987).published
- Smitley v. Cigna Corp., 640 F. Supp. 397 (D. Kan. 1986).published
- Hospice of New Mexico, LLC v. Sebelius, 691 F. Supp. 2d 1275 (D.N.M. 2010).published
- City of Shawnee, Kan. v. Argonaut Ins. Co., 546 F. Supp. 2d 1163 (D. Kan. 2008).published
- Zia Hospice, Inc. v. Sebelius, 793 F. Supp. 2d 1289 (D.N.M. 2011).published
- Ernie Haire Ford, Inc. v. Universal Underwriters Ins., 541 F. Supp. 2d 1295 (M.D. Fla. 2008).published
- Sanders v. Santa Fe Pub. Schs., 383 F. Supp. 2d 1305 (D.N.M. 2004).published
- St. John v. McColley, 653 F. Supp. 2d 1155 (D.N.M. 2009).published
- In re Ribozyme Pharm., Inc. Sec. Litig., 209 F. Supp. 2d 1106 (D. Colo. 2002).published
- Sec. & Exch. Comm'n v. Nacchio, 704 F. Supp. 2d 1099 (D. Colo. 2010).published
- Augustson v. Holder, 728 F. Supp. 2d 1279 (D.N.M. 2010).published
- Kansas Penn Gaming, LLC v. HV Props. of Kansas, LLC, 727 F. Supp. 2d 1100 (D. Kan. 2010).published
- Great Am. Ins. v. Jefferson Cnty. Comm'n, 776 F. Supp. 2d 1252 (N.D. Ala. 2010).published
- Wright v. Keokuk Cnty. Health Ctr., 399 F. Supp. 2d 938 (S.D. Iowa 2005).published
- Felix v. City & Cnty. of Denver, 729 F. Supp. 2d 1243 (D. Colo. 2010).published
- SAYED v. Profitt, 743 F. Supp. 2d 1217 (D. Colo. 2010).published
- Spires v. Sunflower Elec. Coop., Inc., 280 F. Supp. 2d 1271 (D. Kan. 2003).published
- Rexrode v. Allstate Indem. Co., 616 F. Supp. 2d 1106 (D. Colo. 2007).published
- Zia Hospice, Inc. v. Sebelius, 723 F. Supp. 2d 1347 (D.N.M. 2010).published
- Grosvenor v. Qwest Corp., 733 F.3d 990 (10th Cir. 2013).published
- Christy v. Travelers Indem. Co. of Am., 810 F.3d 1220 (10th Cir. 2016).published
- United States v. Supreme Court of New Mexico, 824 F.3d 1263 (10th Cir. 2016).published
- United States v. NM Supreme Court, No. 14-2037, 2016 WL 5946021 (10th Cir. Oct. 13, 2016).published
- Brown v. Perez, 835 F.3d 1223 (10th Cir. 2016).published
- Okla. Schs. Risk Mgmt. Trust v. Mcalester Pub. Schs., 2019 OK 3, 457 P.3d 997.published
- Okla. Schs. Risk Mgmt. Trust v. Mcalester Pub. Schs., 2019 OK 3.published
- Rivera v. Comm'r, 89 T.C. 343 (T.C. 1987).published
- Kennett v. Bayada Home Health Care, No. 19-1004 (10th Cir. Feb. 9, 2021).unpublished
- Boatman v. United States Racquetball Ass'n, 33 F. Supp. 3d 1264 (D. Colo. 2014).published
- Kalebaugh v. Berman & Rabin, P.A., 43 F. Supp. 3d 1215 (D. Kan. 2014).published
- Reiling ex rel. B.J.W.R. v. Sun Life Assurance Co. of Canada, 66 F. Supp. 3d 1361 (D. Kan. 2014).published
- Rhodes v. Olson Assocs., P.C., 83 F. Supp. 3d 1096 (D. Colo. 2015).published
- Ross v. Rothstein, 92 F. Supp. 3d 1041 (D. Kan. 2015).published
- Fox v. TransAm Leasing, Inc., 101 F. Supp. 3d 1066 (D. Kan. 2015).published
- Est. of Bleck ex rel. Churchill v. City of Alamosa, 105 F. Supp. 3d 1222 (D. Colo. 2015).published
- L-3 Commc'ns Corp. v. Jaxon Eng'g & Maint., Inc., 125 F. Supp. 3d 1155 (D. Colo. 2015).published
- Browne v. City of Grand Junction, 136 F. Supp. 3d 1276 (D. Colo. 2015).published
- Fugett v. Sec. Transp. Servs., Inc., 147 F. Supp. 3d 1216 (D. Kan. 2015).published
- Green Earth Wellness Ctr., LLC v. Atain Specialty Ins., 163 F. Supp. 3d 821 (D. Colo. 2016).published
- Matrai v. DirecTV, LLC, 168 F. Supp. 3d 1347 (D. Kan. 2016).published
- Morden v. XL Specialty Ins., 177 F. Supp. 3d 1320 (D. Utah 2016).published
- Tabura v. Kellogg USA, Inc., 194 F. Supp. 3d 1188 (D. Utah 2016).published
- Zurich Am. Ins. Co. v. Acadia Ins. Co., 243 F. Supp. 3d 1201 (D. Colo. 2017).published
- Keneipp v. MVM, Inc., 267 F. Supp. 3d 1317 (N.D. Okla. 2017).published
- Castaneda v. City of Albuquerque, 276 F. Supp. 3d 1152 (D.N.M. 2016).published
- United States v. Supreme Court of New Mexico, 839 F.3d 888 (10th Cir. 2016).published
- United States v. Fletcher (In re Fletcher), 489 B.R. 224 (Bankr. N.D. Okla. 2013).published
- Rodríguez Meléndez v. Supermercado Amigo, Inc., 126 P.R. Dec. 117 (1990).published
- Bonham v. Indem. Ins. Co. of North Am., 507 F. Supp. 2d 1196 (D.N.M. 2007).published
- Constitution Party of Kansas v. Biggs, 813 F. Supp. 2d 1274 (D. Kan. 2011).published
- Bleck v. City of Alamosa, 839 F. Supp. 2d 1149 (D. Colo. 2012).published
- Grosvenor v. Qwest Corp., 854 F. Supp. 2d 1021 (D. Colo. 2012).published
- Emery Resource Holdings, LLC v. Coastal Plains Energy, Inc., 915 F. Supp. 2d 1231 (D. Utah 2012).published
- Osuagwu v. Gila Reg'l Med. Ctr., 938 F. Supp. 2d 1142 (D.N.M. 2012).published
- Gentle v. Kohler Co., 966 F. Supp. 2d 1276 (N.D. Ala. 2013).published
- G.M. ex rel. B.M. v. Casalduc, 982 F. Supp. 2d 1235 (D.N.M. 2013).published
- Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238 (10th Cir. 1990).published
- Shank v. Naes, 102 F.R.D. 14 (D. Kan. 1983).published
- Gruber v. Regis Corp., No. 1:18-cv-00757 (D. Colo. Aug. 21, 2019).
- Owners Ins. Co. v. Stahl, No. 1:18-cv-00230 (D. Colo. Dec. 5, 2019).
- BonBeck Parker, LLC v. Travelers Indem. Co. of Am., The, 611 F. Supp. 3d 1115 (D. Colo. 2020).published
- Hildebrand v. Wilmar Corp., No. 1:19-cv-00067 (D. Colo. Oct. 20, 2020).
- Im v. Pearl Dragon Restaurant, Inc., No. 1:19-cv-01200 (D. Colo. Mar. 24, 2021).
- Travelers Indem. Co. of Am., The v. Luna Gourmet Coffee & Tea Co., 533 F. Supp. 3d 1013 (D. Colo. 2021).published
- Neer v. Park Cnty. Sch. Dist. RE 2, No. 1:19-cv-02053 (D. Colo. Mar. 26, 2021).
- Wagner v. Air Methods Corp., 539 F. Supp. 3d 1157 (D. Colo. 2021).published
- Direxa Eng'g, LLC v. U.S. Citizenship & Immigr. Servs., No. 1:20-cv-00607 (D. Colo. Aug. 30, 2021).
- Clingman v. Drive Coffee, LLC, No. 1:20-cv-01485 (D. Colo. Oct. 27, 2021).
- Direxa Eng'g, LLC v. U.S. Citizenship & Immigr. Servs., No. 1:20-cv-00932 (D. Colo. Dec. 3, 2021).
- Wheatridge Off., LLC v. Auto-Owners Ins. Co., 578 F. Supp. 3d 1187 (D. Colo. 2022).published
- Zurich Am. Ins. Co. v. Dillon Companies, LLC, 595 F. Supp. 3d 1003 (D. Colo. 2022).published
- Kimball v. Nationwide Ins. Co. of Am., No. 1:21-cv-02201 (D. Colo. Apr. 11, 2023).
- Levine v. Vitamin Cottage Nat. Food Markets, Inc., No. 1:20-cv-00261 (D. Colo. Oct. 19, 2023).
- Calfox, Inc. v. Certain Underwriters at Lloyd's, London, Subscribing to Certificate No. T0530BP1EB10018, No. 1:20-cv-02443, 2024 WL 1051948 (D. Colo. Mar. 11, 2024).
- Ghinis v. United States Citizenship & Immigr. Servs. (USCIS), No. 5:21-cv-00554 (M.D. Fla. Mar. 22, 2023).
- Barrion v. Mclaughlin, No. 5:18-cv-00281 (M.D. Ga. Dec. 19, 2019).
- Evans v. Heimgartner, No. 5:16-cv-03095 (D. Kan. Nov. 6, 2019).
- Walker (ID 0118460) v. Easter, No. 5:17-cv-03176 (D. Kan. Feb. 12, 2020).
- Norwood v. United Parcel Serv., Inc., No. 2:19-cv-02496, 2021 WL 3022315 (D. Kan. July 16, 2021).
- Trinidad v. Agiliti Health, Inc., No. 2:19-cv-02683 (D. Kan. Feb. 4, 2022).
- Tyner v. Probasco Law, P.A., No. 2:20-cv-02632 (D. Kan. May 12, 2022).
- Terry v. Esurance Ins. Co., 638 F. Supp. 3d 1263 (D. Kan. 2022).published
- Bedivere Ins. Co. v. Blue Cross Blue Shield of Kansas, Inc., No. 2:18-cv-02371 (D. Kan. Mar. 27, 2023).
- Les Indus. Wipeco, Inc. v. Bluestem Mgmt. Advisors, LLC, No. 2:21-cv-02289 (D. Kan. June 30, 2023).
- Dustech, LLC v. Compass Minerals Ogden, Inc., 685 F. Supp. 3d 1080 (D. Kan. 2023).published
- Hulsing v. Larimer, No. 2:22-cv-02362 (D. Kan. Nov. 27, 2023).
- United States v. Dunn, No. 6:22-cv-01152 (D. Kan. Dec. 12, 2023).
- Guebara (ID 40223) v. Bascue, No. 5:19-cv-03025 (D. Kan. Dec. 1, 2023).
- Moccaldi v. Pratt City Ford, LLC, No. 6:22-cv-01146 (D. Kan. Jan. 4, 2024).
- Blalock v. SRKBS Hotel, LLC, 726 F. Supp. 3d 1266 (D. Kan. 2024).published
- Wood v. Miller Inv. Grp., Inc., No. 2:22-cv-02279 (D. Kan. June 7, 2024).
- R.C. v. J.C., No. 2:23-cv-02346 (D. Kan. June 10, 2024).
- Leslie v. BNSF Ry. Co., No. 1:16-cv-01208 (D.N.M. July 15, 2019).
- Szuszalski v. Fields, No. 1:19-cv-00250 (D.N.M. May 21, 2020).
- Alabi v. Perdue, No. 1:18-cv-00931 (D.N.M. June 5, 2020).
- Strobel v. Rusch, No. 1:18-cv-00656 (D.N.M. Dec. 11, 2020).
- Castro v. Zurich Am. Ins. Co., No. 2:20-cv-00622 (D.N.M. Apr. 26, 2021).
- Rio Grande Found. v. Toulouse Oliver, 574 F. Supp. 3d 966 (D.N.M. 2021).published
- Barrington Realty, LLC v. Capital Fund Sec., Ltd., No. 1:20-cv-01366 (D.N.M. Apr. 25, 2023).
- Emerick v. Bd. of Cnty. Commissioners of the Cnty. of Bernalillo, No. 1:22-cv-00622 (D.N.M. June 8, 2023).
- Arch Ins. Co. v. Harris, No. 4:18-cv-00362 (N.D. Okla. May 7, 2019).
- Mabrey Bancorporation, Inc. v. Everest Nat'l Ins. Co., No. 4:19-cv-00571 (N.D. Okla. May 4, 2022).
- Turner v. XL Specialty Ins. Co., 469 F. Supp. 3d 1197 (W.D. Okla. 2020).published
- Baker v. Brown, 479 F. Supp. 3d 1182 (W.D. Okla. 2020).published
- Govinda LLC v. Columbia Ins. Grp., No. 5:20-cv-00542 (W.D. Okla. June 28, 2021).
- Watson v. Vici Cmty. Dev. Corp, No. 5:20-cv-01011, 2022 WL 910155 (W.D. Okla. Mar. 28, 2022).
- Allen v. Clinton HMA LLC, No. 5:19-cv-00527 (W.D. Okla. Mar. 8, 2024).
- Dotson v. Dixon, No. 5:22-cv-00479 (M.D. Fla. Sept. 18, 2024).
- Kesters Merchandising Display Int'l, Inc. v. SurfaceQuest, Inc., No. 2:21-cv-02300 (D. Kan. July 15, 2024).
- Robinson v. Nationstar Mortg., LLC., No. 6:21-cv-00380 (E.D. Okla. Aug. 5, 2024).
- Thao v. Grady Cnty. Crim. Just. Auth., No. 5:19-cv-01175 (W.D. Okla. Sept. 30, 2024).
- Centennial Bankshares v. State of Utah, The, No. 1:17-cv-00175 (D. Utah June 7, 2019).
- Williams v. US Dep't of Just., No. 2:17-cv-00699 (D. Utah Dec. 9, 2019).
- TVPX ARS v. Bombardier, No. 1:17-cv-00107 (D. Utah Sept. 30, 2019).
- Li v. Lewis, No. 1:20-cv-00012 (D. Utah May 4, 2020).
- Zisumbo v. Convergys, No. 1:14-cv-00134, 2020 WL 3546794 (D. Utah June 30, 2020).
- Coronado v. Olsen, No. 2:18-cv-00083 (D. Utah Sept. 30, 2020).
- Johnson v. USANA Health Sciences, 632 F. Supp. 3d 1245 (D. Utah 2022).published
- Welsh v. Safeco Ins. Co. of Am., No. 2:21-cv-00082 (D. Utah Feb. 27, 2023).
- D. v. United Healthcare Ins., No. 1:21-cv-00121 (D. Utah July 28, 2023).
- SMHG Phase I v. Eisenberg, No. 1:22-cv-00035 (D. Utah Aug. 23, 2023).
- M. v. United HealthCare Oxford, No. 2:22-cv-00262 (D. Utah Sept. 3, 2024).
- Summit Mountain Holding Grp. v. Summit Vill. Dev. Lender 1, No. 1:21-cv-00110 (D. Utah Nov. 27, 2024).
- Peterka v. Dixon, No. 4:21-cv-00367 (N.D. Fla. Aug. 20, 2024).
- Zou v. Linde Eng'g North Am., Inc., No. 4:19-cv-00554 (N.D. Okla. Jan. 21, 2025).
- Vincent v. Certain Underwriters at Lloyd's, London, No. 1:23-cv-00096 (D. Colo. Jan. 31, 2025).
- ProKasro Servs. USA, Inc. v. DHL Express (USA) Inc., No. 1:23-cv-02651 (D. Colo. Feb. 10, 2025).
- Garrison Prop. & Cas. Ins. Co. v. Horton, No. 1:22-cv-03187 (D. Colo. Feb. 25, 2025).
- Mazur v. State Farm Mut. Auto. Ins. Co., No. 1:23-cv-02618 (D. Colo. Mar. 4, 2025).
- United States v. Geddes, No. 1:17-cv-00167 (D. Utah May 12, 2025).
- Russian v. Liberty Mut. Ins., No. 2:24-cv-00864, 2025 WL 1455804 (D. Utah May 21, 2025).
- Hoffman v. Domico, No. 1:23-cv-00060 (N.D. Fla. May 16, 2025).
- Polk v. Bunting, No. 2:23-cv-02415 (D. Kan. July 2, 2025).
- Galindo v. Adrian, No. 2:22-cv-02414 (D. Kan. Aug. 11, 2025).
- Hayes v. Shawnee Cnty. Bd. of Cnty. Commissioners, No. 5:24-cv-04030 (D. Kan. Aug. 25, 2025).
- Klen v. Little Thompson Water Dist., The, No. 1:24-cv-00326 (D. Colo. Sept. 12, 2025).
- Cont'l Divide Elec. Coop., Inc. v. Davey Resource Grp., Inc., No. 1:24-cv-00281 (D.N.M. Sept. 29, 2025).
- Magna Inv. & Dev., LTD v. Sandy City, No. 2:24-cv-00449 (D. Utah Oct. 27, 2025).
- Pakzadeh, No. 2:24-cv-02528 (D. Kan. Mar. 30, 2026).
- Neonatal Prod. Grp., Inc. v. Shields, 312 F. Supp. 3d 1010 (D. Kan. 2018).published
- Stewart v. Equifax Info. Servs., LLC, 320 F. Supp. 3d 1186 (D. Kan. 2018).published
- Sauder W. Farms, Inc. v. Sentry Select Ins. Co., 320 F. Supp. 3d 1214 (D. Kan. 2018).published
- Little v. Budd Co., 339 F. Supp. 3d 1202 (D. Kan. 2018).published
- Palmer v. Shawnee Mission Med. Ctr., Inc., 355 F. Supp. 3d 1003 (D. Kan. 2018).published
At page 434 Curing defective deeds against third persons6 citing casesAs against third persons an alleged defective deed can be cured only by a bill in equity, and not by a confirmation assuming to relate back to the original deed.” (quoting 26 C.J.S. Deeds Sec. 31 (1956))
- Barnes, No. 1:25-cv-00068 (D. Utah June 8, 2026).Utah Feb. 5, 2024) (quoting Buell Cabinet Co., Inc. v. Sudduth, 608 F.2d 431, 434 (10th Cir. 1979)). 26 See Mot. 1; Cross-Mot. 8. 27 See Klaxon Co. v. Stentor Elec.
- Taylor v. Brittain, 334 S.E.2d 242 (N.C. Ct. App. 1985).published
- Hougland v. Franco, No. 17-01001 (Bankr. D.N.M. Dec. 11, 2020).
- Z. v. Bluecross Blueshield of Illinois, No. 1:20-cv-00184 (D. Utah Mar. 24, 2023).
- E. v. Deseret Mut. Benefit Administrators, No. 2:20-cv-00707 (D. Utah June 20, 2023).
- E. v. Blue Cross Blue Shield of Illinois, No. 2:22-cv-00296 (D. Utah Dec. 27, 2023).
v.
Richard S. SUDDUTH and Steven H. Janco, Individually, and as general partners in World Products, a general partnership Steven H. Janco and Richard S. Sudduth, d/b/a World Properties, a joint venture and Old World Products Corporation, a corporation McKee Income Realty Trust, a business trust organized under the laws of the Commonwealth of Massachusetts and Sooner Federal Savings and Loan Association of Tulsa
In this diversity action, plaintiff Buell Cabinet Co. (Buell) appeals from a grant of summary judgment to defendants and from a denial of its own motion for summary judgment. Because we find that genuine issues of material fact remain to be resolved, we reverse the grant of summary judgment to defendants, affirm the denial of Buell’s motion, and remand for trial.
I.
Buell seeks to impose a judgment lien against certain Oklahoma real property, the Commerce Center (Center), which Buell asserts is owned in part by defendantappellee Sudduth, the judgment debtor. However, Sudduth claims never to have had an individual interest in the property, but rather to have been only a partner or stockholder in entities owning the Center. Since under Oklahoma law a judgment lien attaches only to real property owned by the judgment debtor, Okla.Stat.Ann. tit. 12, § 706 (West Supp.1978), and “[t]he property of a partnership belongs to the firm, and not to the partners,” Krone v. Higgins, 195[*433] Okl. 380, 381, 158 P.2d 471, 472 (1945), quoting First National Bank v. Dunklin, 146 Okl. 81, 293 P. 541 (1930), the status of the Center’s ownership is at issue.
The undisputed history of the transactions involving the Center is complex. At least as early as December 1974, defendants Janeo and Sudduth were partners in a general partnership, World Properties. On March 26, 1975, an entity styled “Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties” entered into and filed for record a Purchase Agreement and Contract for Deed covering the Center. On the same day, a Tulsa bank filed for record, as security for a promissory note executed by Janeo and Sudduth, a collateral assignment of the purchase agreement. Several days later a second collateral assignment was executed. In May, Janeo and Sudduth filed a Certificate of Fictitious Name designating their partnership “World Properties,”[1] and in June a Certificate of General Partnership for that entity was filed. In July, nearly four months after the actual conveyance, Janeo and Sudduth recorded a General Warranty Deed for the Center, with the grantee designated as “Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties.” A “Corrected Warranty Deed” was filed by the original grantors in August, listing the grantee as “WORLD PROPERTIES, A General Partnership.” This partnership gave two mortgages on the Center and, on February 24, 1976, three days before Buell’s lien would have attached to Sudduth’s real property, the partnership purported to convey the Center by warranty deed to defendant-appellee Old World Products Corporation, an entity wholly owned by Janeo and Sudduth. In April, Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties quitclaimed its interest in the Center to Old World Products Corporation, which in turn conveyed its interest in the Center to defendant-appellee McKee Income Realty Trust.
From these undisputed facts and additional material, Buell sought to convince the district court that Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties was a joint venture by which Janeo and Sudduth took the Center in their individual capacities, that the “corrected” deed had no legal effect and, because the acknowledged partnership World Properties did not acquire legal title to the Center, that the subsequent conveyances were legally void. Appellees countered that Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties and the general partnership were one and the same — the “d/b/a” designation used only until a Certificate of Fictitious Name could be filed. Under appellees’ theory, Sudduth at no time had an interest reachable by his personal judgment creditor.
On a motion for summary judgment, we must construe the facts in a way most favorable to the nonmovant. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). Cross-motions for summary judgment are to be treated separately; the denial of one does not require the grant of another. See SEC v. American Commodity Exchange, Inc., 546 F.2d 1361, 1365 (10th Cir. 1976). See also C. Wright & A. Miller, Federal Practice and Procedure § 2720, at 464 (1973). The existence of any “genuine issue as to any material fact” precludes the grant of summary judgment. Fed.R.Civ.P. 56(c).
On the posture of the case before us, we find, at a minimum, several factual issues involving questions of intent, issues that in this case are inappropriate for resolution on a motion for summary judgment. Questions of intent involve many intangible factors, such as witness credibility, that are best left to the consideration of a factfinder after a full trial. See, e. g., Peoples Outfitting Co. v. General Electric Credit Corp., 549 F.2d 42, 45 (7th Cir. 1977); Exnicious v. United States, 563 F.2d 418, 424-25 (10th Cir. 1977); Jones v. General Tire & Rubber [*434] Co., 541 F.2d 660, 663 n.3 (7th Cir. 1976). We need not decide whether intent is ever a suitable subject for summary judgment resolution. We hold only that here it was not.
As appellees have reminded us, “Intent is the single most important factor in determining whether a partnership exists.” Brief of Appellees at 12, citing Utility Coal Co. v. Clark, 171 Okl. 79, 41 P.2d 840 (1935). The district court agreed, in its Conclusions of Law, that intent to form a partnership is an essential element of a partnership. Record, vol. 1, at 155, citing Crest Construction Co. v. Insurance Co. of North America, 417 F.Supp. 564, 568 (W.D.Okl.1976). Nonetheless, the court found that the original deed and corrected deed “did convey the property . . .to the same entity, a partnership.” Record, vol. 1, at 155. This summary conclusion without the benefit of a trial was error. Buell did present materials that could support an inference that Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties was not intended to be a part-, nership and was, in fact, a separate entity. For example, in a deposition Sudduth himself had referred to this organization as “an heir [sic] entity [that] did not exist but just a matter of hours actually.” Record, vol. 1, at 104. In Sudduth’s words, the entity was created because “we had to buy the building that way.” Id. at 103. These assertions, if true, would tend to contradict the district court’s finding.[2]
Appellees, citing Fourth National Bank v. Cochran, 298 P.2d 784 (Okl.1956), have suggested that the “d/b/a” designation creates a name “such as is commonly employed when a partnership exists,” id. at 788, and is therefore presumptive of a partnership’s existence. In light of Thomas v. Colvin, 592 P.2d 982 (Okl.App.1979), in which a “d/b/a” name was held not to create an entity distinct from a sole proprietor for tort liability purposes, appellees’ argument may not be supported by Oklahoma law. However, even if it did reflect Oklahoma law with respect to designations of partnerships, it connotes merely a presumption, which could be rebutted by, among other things, the intent evidence discussed above.
A genuine issue of material fact also exists with respect to the funds used to purchase the Center. As the district court noted, the applicable statute reads, “Unless the contrary intention appears, property acquired with partnership funds is partnership property.” Record, vol. 1, at 856, quoting Okla.Stat.Ann. tit. 54, § 208 (West 1969) (emphasis added). The court found the Center to be a partnership asset. Record, vol. 1, at 155. However, testimony of the bank loan officer at least permits an inference that the source of purchase funds was not the partnership. Record, vol. 2, deposition of Nicholas E. Fitzgerald, at 15-16. It may be shown that the funds derived from the partnership, but the statutory intent provision requires trial resolution.
Of course, if the “corrected” deed were sufficient to rest title to the Center in World Properties, the general partnership, the Center was insulated from the judgment lien. However, with regard to the correction of deeds, Oklahoma appears to follow the general rule enunciated in Corpus Juris Secundum:
Where there is no fraud and the rights of third persons have not intervened, and equity could have reformed the deed, it may be amended by a subsequent instrument so as to effectuate the intention of the parties. .
. As against third persons an alleged defective deed can be cured only by a bill in equity, and not by a confirmation assuming to relate back to the original deed. . . . Where the grantor has divested himself of title, although by mistake he has not conveyed the title in the way in which he intended, he cannot by a subsequent conveyance correct his mistake, there being no title remaining in him to convey .
[*435] 26 C.J.S. Deeds § 31 (1956) (footnotes omitted; emphasis added). See Stoner v. Winter, 198 Okl. 293, 296, 177 P.2d 837, 841 (1946).[3] Hence, the corrected deed was sufficient only if it served to “effectuate the intention of the parties.” Determination of this intent is a genuine factual issue to be resolved at trial.
In its briefs before this court and the court below, Buell has curiously rested its claim on Sudduth’s record title. Buell has argued that this record title exists because Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties was a joint venture when the title was filed and any attempt to correct the deed was invalid because the property had already been conveyed. As the district court noted, however, under Oklahoma law a “judgment creditor has not the protection of a bona fide purchaser.” Record, vol. 1, at 156, citing Oklahoma State Bank v. Burnett, 65 Okl. 74, 162 P. 1124 (1917); Gilbreath v. Smith, 50 Okl. 42, 150 P. 719 (1915). The recording statutes exist to protect bona fide purchasers and third party creditors, not judicial lienholders. As the quotation from CJS suggests, however, Buell’s claim is not dependent on the state of record title. If the facts are as Buell has alleged, Sudduth maintains an attachable interest in the Center.[4]
II.
We affirm the district court’s denial of plaintiff Buell’s motion for summary judgment. Such facts as the status of Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties, which we believe to be genuinely in dispute, are also necessary for the resolution of Buell’s claims. The cause is remanded for further proceedings.
III.
Relying on Federal National Bank & Trust Co. v. Ryan, 588 P.2d 592 (Okl.App. 1978), appellees ask this court to award them attorney fees. Appellees read Federal National Bank to say that “an attorney fee is a proper award in cases regarding the attempted enforcement of a judgment lien.” Brief of Appellees at 29. We need not decide the merits of this contention. Because we have reversed the district court’s grant of summary judgment, we have as yet no prevailing party.
Not filing a Certificate of Fictitious Name would not invalidate the acts of a partnership. It would only prevent the partnership’s bringing suit in the state. See Long v. United States, 96 F.Supp. 445, 448 (W.D.Okl.1951).
Of course, if Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties were found to be a partnership distinct from World Properties but a partnership nonetheless, the appel-lees would prevail. However, that determination also requires a finding of intent and should be resolved at a trial.
That this general rule applies in Oklahoma is also suggested by the Title Examination Standards of the Oklahoma Bar Association. Brief of Appellant at 18.
We note in passing that Buell has also argued that the attempted conveyances of the Center to Old World and to McKee were not made for fair consideration and should be overturned pursuant to the Uniform Fraudulent Conveyances Act. Okla.Stat.Ann. tit. 24, §§ 101-11 (West Supp.1978). The district court did not address this issue in its Findings of Fact and Conclusions of Law, except indirectly by overruling Buell’s objections to the Magistrate’s Findings, and we also shall refrain. Buell has no cognizable interest in preventing transfers of the property from one entity insulated from his lien to another. Nor is it important for this case whether the April 1976 quitclaim of any remaining interest of Stephen H. Janeo and Richard S. Sudduth, d/b/a World Properties in the Center was for fraudulent consideration; that transfer was after the creation of the judicial lien, if any, and could not defeat an attached interest.