JOHNSON v. PHOENIX MUT. LIFE INS. CO.

No. 7821SC1130.

261 S.E.2d 135 (1979)

44 N.C. App. 210

Roy H. JOHNSON, W. Connette Johnson, Forrest H. Harmon, Lewis E. Lamb, Jr., and Alvin A. Sturdivant, Jr., d/b/a Kerners Village Company v. PHOENIX MUTUAL LIFE INSURANCE COMPANY and Cameron-Brown Company.

Court of Appeals of North Carolina.

December 18, 1979.


Attorney(s) appearing for the Case

Badgett, Calaway, Phillips, Davis & Montaquila by Chester C. Davis, Winston Salem, for plaintiffs-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by John L. Jernigan and Raymond H. Goodmon, III, Raleigh, for defendant-appellee Cameron-Brown Co.

Cansler, Lockhart, Parker & Young, P.A. by Thomas Ashe Lockhart and George K. Evans, Jr., Charlotte, for defendant-appellee Phoenix Mut. Life Ins. Co.


WELLS, Judge.

The single issue presented in this appeal is whether the trial court erred in granting defendants' motions for summary judgment. Summary judgment is appropriate only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. 1A-1, Rule 56(c); Cox v. Funk,<...

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