Allen Ex Rel. Allen v. Equity & Investors Management Corp.

CLARK, Judge.

The sole issue presented by this appeal is whether the trial court erred in granting defendants’ motion for summary judgment. On a motion for summary judgment, G.S. 1A-1, Rule 56, provides that the movant must show the court that there are no genuine issues of material fact to be tried in the case and that the moving party is entitled to summary judgment as a matter of law. Vassey v. Burch, 301 N.C. 68, 269 S.E. 2d 137 (1980). The rule does not authorize the court to decide an issue of fact, but rather to determine whether a genuine issue of fact exists. Id. Ordinarily, issues of…