JUSTUS v. DEUTSCH

No. 8229SC560.

303 S.E.2d 571 (1983)

Larry Thomas JUSTUS v. Robert J. DEUTSCH, Attorney-in-fact for Nancy Revis Justus Mason, Nancy Revis Justus Mason, and Randolph C. Romeo, Trustee.

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

James C. Coleman, Hendersonville, for plaintiff-appellant.

Prince, Youngblood, Massagee & Creekman by Boyd B. Massagee, Jr., Hendersonville, for defendants-appellees.


ARNOLD, Judge.

Because we find that there are no genuine issues of fact to be resolved in this case, we affirm entry of summary judgment for the defendants and denial of a like motion by the plaintiff. To understand our holding, a review of when this remedy should be used is helpful.

Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is "no genuine issue as to any material fact...." It is a "drastic remedy ... [that] must be used with due regard...

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