Legal Opinion

Leake v. Sunbelt Ltd. of Raleigh

Court of Appeals of North Carolina

Decided March 21, 1989No. 8810SC473PublishedCited by 26 opinions

1Opinion of the Court

EAGLES, Judge.

Plaintiffs Barbuti and Fraser appeal the trial court’s order of summary judgment against them. The defendants appeal the trial court’s failure to grant their motion for summary judgment against thirteen other plaintiffs. As to plaintiffs Barbuti and Fraser, we affirm in part and reverse in part. Defendants’ appeal from denial of their summary judgment motion is interlocutory and, accordingly, is dismissed.

Summary judgment is a drastic remedy. The purpose is to save time and money for litigants in those instances where there is no dispute as to any material fact. Dendy v.…

2Cases cited14 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Dickens v. PuryearSupreme Court of North Carolina · 1981
  3. Marshall v. MillerSupreme Court of North Carolina · 1981
  4. Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
  5. Caldwell v. DeeseSupreme Court of North Carolina · 1975

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Liggett Group, Inc. v. SunasCourt of Appeals of North Carolina · 1993
  2. Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009
  3. Gilbane Building Co. v. Federal Reserve Bank of RichmondCourt of Appeals for the Fourth Circuit · 1996
  4. McKinnon v. CV INDUSTRIES, INC.Court of Appeals of North Carolina · 2011
  5. Beam v. KerleeCourt of Appeals of North Carolina · 1995

21 more not listed; retrieve them via the Exa API.

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