Lessard v. Lessard

MARTIN, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment in favor of defendant. Because the record discloses the existence of genuine issues of material fact, we hold that summary judgment was improvidently granted.

G.S. 1A, Rule 56(c) provides that summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions in file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” The rule authorizes the…