First Citizens Bank & Trust Co. v. Northwestern Insurance

ERWIN, Judge.

G.S. 1A-1, Rule 56(c), of the Rules of Civil Procedure limits entry of summary judgment to situations where no genuine issue as to a material fact exists, and a party is entitled to a judgment as a matter of law. G.S. 1A-1, Rule 56(c); Zimmerman v. Hogg & Allen, 286 N.C. 24, 209 S.E. 2d 795 (1974).

If a genuine issue of a material fact does exist, the motion for summary judgment must be denied. Bank v. Evans, 296 N.C. 374, 250 S.E. 2d 231 (1979); Zimmerman v. Hogg & Allen, supra.

“ ‘ “The determination of what constitutes a ‘genuine issue as to any material fact’ is often…