Street Ex Rel. Street v. Moffitt
Court of Appeals of North Carolina
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
- Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
- Page v. SloanSupreme Court of North Carolina · 1972
- First Federal Savings & Loan Ass'n v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1972
- Anderson Ex Rel. Anderson v. ButlerSupreme Court of North Carolina · 1974
- Murrell v. HandleySupreme Court of North Carolina · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tompkins v. Log Systems, Inc.Court of Appeals of North Carolina · 1989
- Luck v. GSSW Limited PartCourt of Appeals for the Fourth Circuit · 1997