Furst v. Loftin

BRITT, Judge.

Appeal of Defendants Freeland

Did the trial court err in entering summary judgment against defendants Freeland? We hold that it did.

At the outset we note that the trial court made extensive “findings of fact.” We repeat again that in passing upon a *253motion for summary judgment pursuant to G.S. 1A-1, Rule 56, the court does not decide facts but makes a determination whether an issue exists which is germane to the cause of action. Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971) ; Moore v. Bryson, 11 N.C. App. 260, 181 S.E. 2d 113 (1971). If findings of fact are…