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FIRST CITIZENS BANK v. NORTHWESTERN INS.

No. 7927SC86.

261 S.E.2d 242 (1980)

44 N.C. App. 414

FIRST CITIZENS BANK AND TRUST COMPANY, LINCOLNTON, North Carolina v. NORTHWESTERN INSURANCE COMPANY and Guy A. Melton.

Court of Appeals of North Carolina.

January 8, 1980.

Attorney(s) appearing for the Case

M. T. Leatherman and Daniel Wilson Barefoot, Lincolnton, for plaintiff-appellee.

Frye, Booth & Porter by R. Michael Wells, Winston-Salem, and John P. Van-Zandt, III, and Don M. Pendleton, Lincolnton, for defendant-appellant, Northwestern Insurance Co.

ERWIN, Judge.

G.S. 1A-1, Rule 56(c), of the Rules of Civil Procedure limits entry of summary judgment to situations where no genuine issue as to a material fact exists, and a party is entitled to a judgment as a matter of law. G.S. 1A-1, Rule 56(c); Zimmerman v. Hogg & Allen, 286 N.C. 24, 209 S.E.2d 795 (1974).

If a genuine issue of a material fact does exist, the motion for summary...

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