CARLTON v. CARLTON

No. 8421DC752.

329 S.E.2d 682 (1985)

Betty Lanier CARLTON v. Clarence Edgar CARLTON.

Court of Appeals of North Carolina.

May 21, 1985.


Attorney(s) appearing for the Case

Booe, Mitchell, Goodson and Shugart by Jeanne S. Wine and David A. Logan, Winston-Salem, for plaintiff-appellant.

White and Crumpler by G. Edgar Parker, Winston-Salem, for defendant-appellee.


ARNOLD, Judge.

The issue on appeal is whether the district judge properly granted summary judgment, barring plaintiff's action for equitable distribution as a matter of law. We hold that the district judge erred in granting the summary judgment.

Summary judgment is proper when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). It is a drastic remedy, not to be granted "unless it is perfectly clear that no issue of fact is involved and...

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