Legal Opinion

Campbell v. Board of Education of the Catawba County School Administrative Unit

Court of Appeals of North Carolina

Decided September 3, 1985No. 8525SC44PublishedCited by 7 opinions

1Opinion of the Court

WHICHARD, Judge.

Plaintiff contends the court erred in granting defendants’ motion for summary judgment. We disagree.

“The purpose of summary judgment [is] to bring litigation to an early decision on the merits without the delay and expense of a trial where it can be readily demonstrated that no material facts are in issue.” Kessing v. Mortgage Corp., 278 N.C. 523, 533, 180 S.E. 2d 823, 829 (1971); see also Lee v. Shor, 10 N.C. App. 231, 233, 178 S.E. 2d 101, 103 (1970). The court is not authorized to decide an issue of fact but to determine if such an issue exists. Moore v. Fieldcrest Mills,…

2Cases cited5 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Lowe v. BradfordSupreme Court of North Carolina · 1982
  3. Moore v. Fieldcrest Mills, Inc.Supreme Court of North Carolina · 1979
  4. Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.Supreme Court of North Carolina · 1978
  5. Lee v. ShorCourt of Appeals of North Carolina · 1970

3Cited by7 opinions

  1. Friel v. Angell Care Inc.Court of Appeals of North Carolina · 1994
  2. Ahmadi v. Triangle Rent a Car, Inc.Court of Appeals of North Carolina · 2010
  3. King v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1996
  4. S. Carolina Telecomms. Grp. Holdings v. Miller Pipeline LLCCourt of Appeals of North Carolina · 2016
  5. Friel v. Angell Care Inc.Court of Appeals of North Carolina · 1994

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