LESSARD v. LESSARD

No. 8526DC41.

334 S.E.2d 475 (1985)

Elizabeth C. LESSARD, Individually and as Administratrix of the Estate of Denise Renee Lessard v. Louis Raymond LESSARD.

Court of Appeals of North Carolina.

October 1, 1985.


Attorney(s) appearing for the Case

Erwin & Beddow, P.A. by Fenton T. Erwin, Jr., Charlotte, for plaintiff-appellant.

Curtis & Millsaps by Joe T. Millsaps, Charlotte, for defendant-appellee.


MARTIN, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment in favor of defendant. Because the record discloses the existence of genuine issues of material fact, we hold that summary judgment was improvidently granted.

G.S. 1A, Rule 56(c) provides that summary judgment will be granted "if the pleadings, depositions, answers to interrogatories, and admissions in file, together with the affidavits, if any, show that...

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