PARKER OIL CO. v. SMITH

No. 763DC1024.

237 S.E.2d 882 (1977)

PARKER OIL COMPANY, INC., Plaintiff, v. Henry SMITH, Third Party Plaintiff, v. PARKER GRAIN COMPANY, INC., Third Party Defendant.

Court of Appeals of North Carolina.

October 19, 1977.


Attorney(s) appearing for the Case

Williamson, Shoffner & Herrin by Mickey A. Herrin, Greenville, for defendant and third party plaintiff.

J. Michael Weeks, Zebulon, for third party defendant.


ARNOLD, Judge.

Appellant contends that the trial court erred in denying its motion for summary judgment against defendant Smith. However, that question is not before us. A motion for summary judgment is simply a pretrial motion. Denial of a motion for summary judgment does not determine the merits of the case. It merely means that the case proceeds to trial. Annot. 15 A.L. R.3d 899 (1967).

Denial of a motion for summary judgment ordinarily does not affect...

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