Mitchell v. Republic Bank & Trust Co.

ARNOLD, Judge.

The sole question presented by this appeal is whether the trial court erred in granting plaintiff’s motion for summary judgment. Summary judgment, of course, is appropriate when there is no genuine issue as to any material fact in the claim for relief. G.S. 1A-1, Rule 56. Defendant argues that there was a genuine issue as to plaintiff’s actual loss in the transaction and that, until plaintiff established such loss, summary judgment was not proper. Plaintiff’s counter-argument is that the amount of loss was the amount of the check, and that that amount was clearly established.

G.S.…