Wilkes County ex rel. Child Support Enforcement Agency ex rel. Nations v. Gentry

ARNOLD, Judge.

The issue here is if a 1974 guilty plea by the defendant to a criminal charge of nonsupport of an illegitmate child, and an order to pay a lump sum plus medical expenses to the child’s mother for the child’s benefit, is a bar to a subsequent civil action by a county social services department for child support.

Because we find that the trial judge entered summary judgment for the wrong party, we reverse the judgment below. To understand our decision, a review of when this remedy should be used is helpful.

Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is “no…