Legal Opinion
Bell v. Martin
Court of Appeals of North Carolina
Decided October 2, 1979No. 7826DC1108PublishedCited by 18 opinions
1Opinion of the Court
WELLS, Judge.
The questions raised on appeal are whether the trial court properly granted plaintiff’s motion for summary judgment and whether the trial court was without jurisdiction to hear defendant’s motion for relief from judgment.
Summary judgment is appropriate only where there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Pitts v. Pizza, Inc., 296 N.C. 81, 249 S.E. 2d 375 (1978); Knowles v. Coach Co., 41 N.C. App. 709, 255 S.E. 2d 576 (1979). Summary judgment is available to a claimant as well as a defendant. Kessing v.…
2Cases cited27 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Standard Oil Co. of Cal. v. United StatesSupreme Court of the United States · 1976
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Smith v. PollinCourt of Appeals for the D.C. Circuit · 1952
- Austin Joseph Ryan v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1962
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shelby J.S. v. George L.H.West Virginia Supreme Court · 1989
- Hagwood v. OdomCourt of Appeals of North Carolina · 1988
- Talbert v. MauneyCourt of Appeals of North Carolina · 1986
- Swygert v. SwygertCourt of Appeals of North Carolina · 1980
- Matter of Baby Boy ScearceCourt of Appeals of North Carolina · 1986
13 more not listed; retrieve them via the Exa API.