Beau Rivage Plantation, Inc. v. Melex USA, Inc.

WELLS, Judge.

When a motion for summary judgment is granted, the questions for determination on appeal are whether, on the basis of the materials presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law. Smith v. Smith, 65 N.C. App. 139, 308 S.E.2d 504 (1983).

Plaintiff brings forth nine assignments of error. In the first assignment of error, plaintiff contends that the trial court erred in granting defendant’s motion for summary judgment because there existed genuine issues of material fact regarding the…