Legal Opinion

Street Ex Rel. Street v. Moffitt

Court of Appeals of North Carolina

Decided January 20, 1987No. 8624SC841PublishedCited by 2 opinions

1Opinion of the Court

JOHNSON, Judge.

The only issue we must address is whether there was a material issue of fact presented by the parties’ pleadings and affidavits such that it constituted reversible error for the trial court to conclude that defendants were entitled to a judgment as a matter of law. We conclude that the forecast of evidence submitted by the parties does not present a material triable issue of fact and accordingly we affirm the trial court’s judgment.

We are advertent to the well known principle that summary judgment is a drastic remedy. First Fed. Sav. & Loan Ass'n v. Branch Banking & Trust Co.,…

2Cases cited9 opinions

  1. Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
  2. Page v. SloanSupreme Court of North Carolina · 1972
  3. First Federal Savings & Loan Ass'n v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1972
  4. Anderson Ex Rel. Anderson v. ButlerSupreme Court of North Carolina · 1974
  5. Murrell v. HandleySupreme Court of North Carolina · 1957

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Tompkins v. Log Systems, Inc.Court of Appeals of North Carolina · 1989
  2. Luck v. GSSW Limited PartCourt of Appeals for the Fourth Circuit · 1997

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