Hinson v. Hinson

WHICHARD, Judge.

I

The sole question is whether the court erred in granting defendants’ motion for summary judgment. Defendants are entitled to summary judgment pursuant to N.C. Gen. Stat. 1A-1, Rule 56 if the record shows “that there is no genuine issue as to any material fact and that [defendants are] entitled to a judgment as a matter of law.” In ruling on a motion for summary judgment the evidence is viewed in the light most favorable to the non-moving party. Valdese General Hosp., Inc. v. Burns, 79 N.C. App. 163, 164, 339 S.E. 2d 23, 25 (1986).

We hold that the evidence, viewed in the light…