Eutaw Shopping Center, Inc. v. Glenn

ARNOLD, Judge.

Defendant first argues that her motion “for Summary Judgment or dismissal” should have been granted. Summary judgment would clearly have been improper, since there were material areas of dispute in which the trial court made findings of fact. “ ‘If findings of fact are necessary to resolve an issue as to a material fact, summary judgment is improper.’ ” Moore v. Galloway, 35 N.C. App. 394, 397, 241 S.E. 2d 386, 387 (1978).

Nor should the court have granted the motion to dismiss the action pursuant to G.S. 1A-1, Rule 12(b)(6). The complaint alleged that defendant “offered to…