Glade

Defendant Carla Jean Glade appeals from the entry of summary judgment in favor of plaintiff Martin Glade as trustee of the Martin and Sally Glade Revocable Family Trust, along with the denial of her motion for reconsideration of that judgment. For the reasons set forth below, we hold that the summary judgment should have been denied by the trial court upon reconsideration.

Facts and Procedural History

On August 27, 1993, Carla Jean Glade (Carla) filed a petition to dissolve her 10-year marriage to Roger Glade (Roger). Martin and Sally Glade (the Glades) are Roger’s parents. On March 18, 1994, Martin Glade, as trustee of the Martin and Sally Glade Revocable Family Trust (the Trust) filed a complaint against Roger and Carla, seeking to foreclose on Roger and Carla’s community property residence under the terms of a note and trust deed used to secure a loan by the Trust to Roger and Carla (the foreclosure action).

Carla brought a motion in the family law court on July 8, 1994, to consolidate the foreclosure action with the marital dissolution action because of overlapping issues such as: the community or separate property characterization of the house; right and title to…