Baumann v. Smith

CARLTON, Judge.

The sole question presented by this appeal is whether the trial court properly allowed defendants’ motion for summary judgment.

G.S. 1A-1, Rule 56(c) provides in pertinent part as follows:

The [summary] judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and *226admissions 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.

By the clear language of the rule itself, the motion for summary judgment can be granted only…