Kitchen v. Wachovia Bank & Trust Co., NA

MARTIN (Harry C.), Judge.

The rules governing the propriety or impropriety of granting summary judgment under Rule 56 are set forth in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). It will serve no useful purpose to repeat them here. Reviewing the record on appeal before us in this case, we hold the entry of summary judgment was inappropriate, and reverse.

Plaintiff alleged that defendant wrongfully converted items of her personal property, including an air conditioner, a lawn mower, a ladder and a grill, located on the premises at the time her trailer was repossessed.…