Clerk of Superior Court of Guilford County v. Guilford Builders Supply Co.

MARTIN, Judge.

Summary judgment is appropriate only in those cases where the materials before the court show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). An issue of fact is material if its resolution “would affect the result of the action.” City of Thomasville v. Lease-Afex, Inc., 300 N.C. 651, 654, 268 S.E. 2d 190, 193 (1980), quoting Koontz v. City of Winston-Salem, 280 N.C. 513, 518, 186 S.E. 2d 897, 901 (1972). Although Haines and Guilford both claim to be entitled to summary judgment in the…