COX v. COX

No. 8417DC942.

330 S.E.2d 506 (1985)

Brenda Pruett COX v. James A. COX.

Court of Appeals of North Carolina.

June 18, 1985.


Attorney(s) appearing for the Case

Everett & Everett by James A. Everett, Elkin, for plaintiff-appellant.

Morrow & Reavis by John F. Morrow and Clifton R. Long, Jr., Winston-Salem, for defendant-appellee.


JOHNSON, Judge.

The sole issue is whether the court erred in granting summary judgment for defendant. For the following reasons we hold the trial court did err in granting summary judgment.

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law...

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