QUAIL HOLLOW EAST CONDOMINIUM ASSOCIATION v. DONALD J. SCHOLZ CO.

No. 7926SC558.

268 S.E.2d 12 (1980)

47 N.C. App. 518

QUAIL HOLLOW EAST CONDOMINIUM ASSOCIATION, Plaintiff, v. DONALD J. SCHOLZ COMPANY and Harold Cooler, Defendants. Harold COOLER, Third-Party Plaintiff, v. INDOOR COMFORT OF RALEIGH, INC., a corporation and Holland Construction Company, Inc., a corporation, Third Party Defendants. Harold COOLER, Third-Party Plaintiff, v. REA BROTHERS, INC., Additional Third-Party Defendants.

Court of Appeals of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Jones, Hewson & Woolard by Hunter M. Jones and Harry C. Hewson, Charlotte, for defendant and third party plaintiff-appellee Harold Cooler.

Weinstein, Sturges, Odom, Bigger, Jonas & Campbell by Allan W. Singer and L. Holmes Eleazer, Jr., Charlotte, for plaintiff-appellant.


MORRIS, Chief Judge.

Plaintiff preserves only one assignment of error on appeal: The trial court improperly granted summary judgment in favor of defendant Cooler. In order for defendant to prevail on his motion, the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any [must] 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....

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