Legal Opinion

SNOW BY AND THROUGH DOCKERY v. East

Court of Appeals of North Carolina

Decided October 17, 1989No. 8817SC1387PublishedCited by 3 opinions

1Opinion of the Court

ORR, Judge.

The dispositive issue on appeal is whether the trial court erred in granting defendant’s motion for summary judgment. A motion for summary judgment under G.S. 1A-1, Rule 56(c) “shall be rendered ... if the pleadings, depositions,. . . show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact. Sauls v. Charlotte Liberty Mut. Ins. Co., 62 N.C. App. 533, 535, 303 S.E.2d…

2Cases cited13 opinions

  1. Walker v. Westinghouse Electric Corp.Court of Appeals of North Carolina · 1985
  2. Brown v. . WilliamsSupreme Court of North Carolina · 1928
  3. Young v. . HermanSupreme Court of North Carolina · 1887
  4. Hicks v. ReavisSupreme Court of North Carolina · 1986
  5. Francis v. . FrancisSupreme Court of North Carolina · 1943

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3Cited by3 opinions

  1. In Re the Foreclosure of Five Oaks Recreational Ass'nCourt of Appeals of North Carolina · 2012
  2. Regency Ctrs. Acquisition, LLC v. Crescent Acquisitions, LLCNorth Carolina Business Court · 2018
  3. Clark v. BurnetteNorth Carolina Business Court · 2020

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