Cook v. Cook

McKUSICK, Chief Justice.

In this case we review a summary judgment entered by the Superior Court (Lincoln County, Alexander, J.) in an action for the foreclosure of a real estate mortgage. Although the summary judgment does not dispose of a counterclaim in the foreclosure action, it is immediately appealable under the death knell exception to the final judgment rule. Because genuine issues of material fact remain regarding the validity of the notes and mortgages being foreclosed and of the foreclosure proceeding itself, we vacate the entry of summary judgment.

During the pendency of a divorce…