Gore v. Hill

HEDRICK, Judge.

The sole question presented by this appeal is whether the trial court improperly denied plaintiff’s motion for partial summary judgment and allowed defendants’ motion for summary judgment. Plaintiff’s only argument is that the facts as to liability were undisputed: the foreclosure sale had been postponed in a manner contrary to the provisions of G.S. § 45-21.21 and that the sale was, therefore, void.

Upon a motion for summary judgment, the duty of the trial court is not to resolve issues of fact but to determine whether there is a genuine issue of material fact which should be…