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EUTAW SHOPPING CTR., INC. v. GLENN

No. 7812SC153.

249 S.E.2d 459 (1978)

39 N.C. App. 67

EUTAW SHOPPING CENTER, INC. v. Marilyn E. GLENN, d/b/a Modern Bridal Shoppes.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Butler, High & Baer by Keith L. Jarvis, Fayetteville, for plaintiff-appellee.

Downing, David, Vallery & Maxwell by Edward J. David, Fayetteville, for defendant-appellant.

ARNOLD, Judge.

Defendant first argues that her motion "for Summary Judgment or dismissal" should have been granted. Summary judgment would clearly have been improper, since there were material areas of dispute in which the trial court made findings of fact. "`If findings of fact are necessary to resolve an issue as to a material fact, summary judgment is improper.'" Moore v. Galloway, 35 N.C. App. 394, 397,

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