Mobley v. Estate of Johnson

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting defendant’s motion for summary judgment. For the reasons stated below, we find that the trial court did err and accordingly reverse the order.

Summary judgment is the device whereby judgment is rendered “if the pleadings, depositions, answers to interrogatories, and admissions 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.” N.C.R. Civ. P. 56(c). “Thus a defending party is entitled to summary…