dissenting.
I respectfully dissent. Review of the opinion by our supreme court discloses that evidence allowing a determination in favor of Stirling existed but had not been considered by the trial court in light of whether an inter vivos gift was contemplated. See Shourek v. *869Stirling (1993), Ind., 621 N.E.2d 1107, 1110 (court noted that as court of review could not "usurp" trial court's factual determination function). The cause was remanded for the factual determination. Id. On remand, the trial court found from unrefuted evidence that the intent of Jonas was to make inter vivos gifts.
In summary judgment proceedings where material facts are not in dispute, the issue is the application of the law to the facts. Fidelity Financial Services v. Sims (1994), Ind.App., 630 N.E.2d 572, 574. Here, the trial court applied the law to the facts and determined Jonas' intent. Shourek's contention that the undisputed evidence could lead to the opposite result is merely a request to ignore the undisputed evidence.