North Carolina National Bank v. Evans

HUSKINS, Justice.

This appeal presents two questions: Did the trial court err in granting partial summary judgment for defendant Wooten? Did the trial court err in striking the notice of lis pendensl

The guiding principles applicable to summary judgment under Rule 56, Rules of Civil Procedure, have been discussed numerous times by this Court. See, e.g., Caldwell v. Deese, 288 N.C. 375, 218 S.E. 2d 379 (1975); Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). An apt statement of these princi- pies for the purposes of this appeal is found in Zimmerman v. Hogg & Allen, 286 N.C. 24,…