Carlton v. Carlton

ARNOLD, Judge.

The issue on appeal is whether the district judge properly granted summary judgment, barring plaintiffs action for equitable distribution as a matter of law. We hold that the district judge erred in granting the summary judgment.

Summary judgment is proper when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). It is a drastic remedy, not to be granted “unless it is perfectly clear that no issue of fact is involved and inquiry into the facts is not desirable to clarify the application of the law,” Dendy v. Watkins, 288 N.C. 447, 452, 219 S.E. 2d 214, 217…