CARTER v. POOLE

No. 8310SC80.

310 S.E.2d 617 (1984)

Carolyn Benfield CARTER v. Deborah Jean Cyrus POOLE.

Court of Appeals of North Carolina.

January 17, 1984.


Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs, Denson & Earls by Charles F. Blanchard and Irvin B. Tucker, Jr., Raleigh, for plaintiff-appellant.

LeBoeuf, Lamb, Leiby & MacRae by I. Edward Johnson and Joseph E. Johnson, Raleigh, for defendant-appellee.


EAGLES, Judge.

Plaintiff's sole assignment of error is that the trial judge erred in granting defendant's motion for summary judgment. Plaintiff contends that defendant failed to show that there was no genuine issue of material fact for trial. We agree.

Rule 56 of the North Carolina Rules of Civil Procedure provides for summary judgment when the moving party can show that there is no genuine issue as to any material fact and that the moving party is entitled...

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