Cone v. Cone

WHICHARD, Judge.

Plaintiff contends the trial court erred in granting defendant’s motion for summary judgment and in denying hers. The court properly granted defendant’s motion if the pleadings and affidavits demonstrate that no genuine issue as to any material fact exists and that defendant is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56 (c); Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971); Best v. Perry, 41 N.C.App. 107, 109, 254 S.E.2d 281, 283 (1979).

The pleadings and affidavits presented by plaintiff allege that she did not receive any of the proceeds from…