Any doubt as to the existence of a factual issue should be resolved against the moving party, construing all properly asserted facts and reasonable inferences in favor of the nonmovant. The trial court entered findings of fact and conclusions of law. This does not, however, change the nature of our review of summary judgment. In a summary judgment context, the entry of specific findings and conclusions aids our review by providing us with a statement of reasons for the trial court's decision, but it has no other effect. Estate did not designate the evidence showing that the disclaimer was recorded.
Estate is correct.
A party who raises an issue on appeal that was not raised in the trial court waives that issue. Consequently, Bank cannot now argue that Martin's disclaimer is ineffective because it was not recorded. Bank argues that its execution against the property bequeathed to Martin encumbered Martin's interest and prevented a disclaimer. This court determined that there was no encumbrance because the event, the judgment lien, that created the alleged encumbrance occurred prior to the event, the father's death, that created the interest against which the encumbrance applied. A disclaimer relates back for all purposes to a time immediately before the death of the decedent.