FURST v. LOFTIN

No. 7515SC1011.

224 S.E.2d 641 (1976)

29 N.C. App. 248

Mitchell FURST, Trustee, and Daniel Boone Complex, Inc. v. Dalton H. LOFTIN, Trustee, et al.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson by Josiah S. Murray, III, Durham, for plaintiff appellees.

Dalton H. Loftin, Hillsborough, in pro per.

Manning, Fulton & Skinner by M. Marshall Happer, III, Raleigh, for defendant appellants Freeland.


BRITT, Judge.

APPEAL OF DEFENDANTS FREELAND

Did the trial court err in entering summary judgment against defendants Freeland? We hold that it did.

At the outset we note that the trial court made extensive "findings of fact". We repeat again that in passing upon a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, the court does not decide facts but makes a determination whether an issue exists...

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