Tart v. Martin

EAGLES, Chief Judge.

Summary judgment is proper if the pleadings, depositions, admissions and affidavits show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. N.C.R.Civ.P. 56(c). On motion for summary judgment, the court must closely scrutinize the papers of the party moving for summary judgment, drawing all inferences from proof in favor of the non-movant. Shuford, N.C.Practice and Procedure, § 56-5 (5th ed. 1998 & Supp).

We therefore must decide whether a material issue of fact remains as to whether the Martins are the…