On review of order certifying a conflict. The court determines that a conflict exists.
RESNICK and O'DONNELL, JJ., dissent.
The parties are to brief the issue stated at page 3 of the court of appeals' Entry Granting Motion to Certify filed April 15, 2005:
"Whether it is proper for courts to disregard an affidavit inconsistent with or contradictory to prior deposition testimony when ruling on a motion for summary judgment?"
The conflict case...
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