Appellant-Plaintiff Lynch and Son Construction, Inc. (“Lynch”) appeals the trial court’s grant of summary judgment to Appellee-Defendant Pace Auto Center, Inc., d/b/a Pace Chevrolet (“Pace”), in Lynch’s action for damages against Pace . . . arising out of Pace’s sale of a truck without proper disclosure to Lynch of “buy-back” status. Lynch sought the claimed value of the consideration, costs of the action, attorney fees, and exemplary damages in the amount of $100,164. Pace filed a motion for summary judgment which, following Lynch’s response and a hearing, the trial court granted.
Conclusion (slip op. at 9): Having concluded that a genuine issue of material fact exists regarding whether Lynch agreed to forgo his claims against Pace in exchange for Pace’s payment of his debt to Citizens, and having rejected Pace’s arguments claiming summary judgment was appropriate on alternative grounds, we reverse the trial court’s grant of summary judgment on this case and remand for a trial.