Clear Fir Sales Co. v. Carolina Plywood Distributors, Inc.

GRAHAM, Judge.

It is not the duty of the court hearing a motion for summary judgment to decide an issue of fact, but rather to determine whether a genuine issue as to any material fact exists. Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823. Summary judgment is available to a claimant as well as to a defendant, G.S. 1A-1, Rule 56(a), and it must be rendered forthwith upon his motion if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that claimant is…