Jernigan v. State Farm Mutual Automobile Insurance

HEDRICK, Judge.

The defendant Lumbermen’s assigns as error the denial of its motion for summary judgment as to plaintiffs’ claims and as to the cross claim of the defendant State Farm. “(T)he movant is allowed to preserve his exception to the denial of the motion for consideration on appeal from the final judgment.” The question thus presented on appeal is whether the pleadings and stipulations of the parties show there is a genuine issue as to any material fact and whether any party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56.

“Evidence which may be considered under Rule 56…