Bell v. Martin

BROCK, Justice.

Plaintiff’s petition to this Court presented the question of the trial tribunal’s jurisdiction to hear a Rule 60(b) motion for relief of judgment subsequent to an appeal of the action. At oral argument this question was abandoned by counsel for the plaintiff, and thus will not be addressed by this opinion. Therefore, the sole question presented for review .is the propriety of summary judgment entered by Judge Saunders against the defendant on August 28, 1978.

Under G.S. 1A-1 Rule 56(c), summary judgment is appropriate if the moving party can show by the use of pleadings,…