Nationwide Mutual Insurance v. Chantos

CLARK, Judge.

Summary judgment may “. . . be rendered ... if the pleadings, depositions, answers to interrogatories, and' admis sions on 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 a judgment as a matter of law.” G.S. 1A-1, Rule 56(c). This remedy is an extreme one and should be awarded only where the truth is quite clear. Lee v. Shor, 10 N.C. App. 231, 178 S.E. 2d 101 (1970). The rule does not contemplate that the court is to decide an issue of fact, but rather it impels the court to determine…