Patterson Ex Rel. Jones v. Reid

PARKER, Judge.

The motion for summary judgment under Rule 56 of the Rules of Civil Procedure (G.S. 1A-1, Rule 56) is a procedure new to the courts of this State. (For an excellent discussion of the history and purpose of the summary judgment procedure, see opinion by Judge Morris in Pridgen v. Hughes, 9 N.C. App. 635, 177 S.E. 2d 425.) The purpose of the rule is not to resolve a disputed material issue of fact, if one exists, but to provide an expeditious method for determining whether any such issue does actually exist. The rule provides that “ [t] he judgment sought shall be rendered…