English v. English

MARTIN, Judge.

In assigning error to the trial court’s ruling on the respective motions for summary judgment, plaintiff contends in the first in-, stance that the trial court went beyond the record and found facts — specifically, insured’s intent — contrary to the function of the trial court on a motion for summary judgment. It is well established that on a motion for summary judgment the court is called upon not to decide issues of fact, but to determine whether there exists a genuine issue as to any material fact. Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972); Kessing v.…