O'NEAL v. KELLETT

No. 8127SC311.

284 S.E.2d 707 (1981)

Patricia O'NEAL, also known as Patricia O'Neal Clemmer v. Stiles A. KELLETT, Georgetown Gastonia Limited, and U. S. Shelter Corporation.

Court of Appeals of North Carolina.

December 15, 1981.


Attorney(s) appearing for the Case

Harris, Bumgardner & Corry by Robert Dennis Lorance, Gastonia, for plaintiff-appellant.

Hollowell, Stott, Hollowell, Palmer & Windham by L. B. Hollowell, Jr., Gastonia, for defendants-appellees.


WELLS, Judge.

On a motion for summary judgment under G.S. 1A-1, Rule 56, the burden is on the movant to show to the court that there are no genuine issues of material fact to be tried in the case and that the movant is entitled to summary judgment as a matter of law. Vassey v. Burch, 301 N.C. 68, 269 S.E.2d 137 (1980). The rule does not allow the court to decide an issue of fact. Vassey, supra...

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