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HYDE INS. AGENCY, INC. v. DIXIE LEASING CORP.

No. 7528SC150.

215 S.E.2d 162 (1975)

26 N.C. App. 138

HYDE INSURANCE AGENCY, INC. v. DIXIE LEASING CORPORATION.

Court of Appeals of North Carolina.

June 4, 1975.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by Albert L. Sneed, Jr., Asheville, for plaintiff.

McGuire, Wood, Erwin & Crow by James P. Erwin, Jr., and Charles R. Worley, Asheville, for defendant.

BROCK, Chief Judge.

After the hearing on plaintiff's motion for summary judgment under Rule 56, the trial judge proceeded to make what he termed "Findings of Fact." Summary judgment should be entered only where there is no genuine issue as to any material fact. If findings of facts are necessary to resolve an issue as to a material fact, summary judgment is improper. There is no necessity for findings of fact where facts...

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