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BJORNSSON v. MIZE

No. 8414SC1300.

330 S.E.2d 520 (1985)

Thorir D. BJORNSSON and wife, Erna B. Bjornsson v. Carlton H. MIZE, Pearl B. Mize, and Montessori Children's House of Chapel Hill, Inc.

Court of Appeals of North Carolina.

June 18, 1985.

Attorney(s) appearing for the Case

Levine, Stewart & Tolton by Michael D. Levine, for plaintiffs-appellants.

Stubbs, Cole, Breedlove, Prentis & Poe by James A. Cole, Jr., and Terry D. Fisher, for defendant-appellees Carlton H. Mize and Pearl B. Mize.

Randall, Yaeger, Woodson, Jervis & Stout by Robert B. Jervis, for defendant-appellee Montessori Children's House of Chapel Hill, Inc.

ARNOLD, Judge.

The first issue presented for review is whether the trial court erred in granting the defendants, Carlton H. Mize and Pearl B. Mize, summary judgment. Summary judgment is only appropriate where a movant has shown that there is no genuine issue as to a material fact and that they are entitled to a judgment as a matter of law. Vassey v. Burch, 301 N.C. 68, 269 S.E.2d 137 (1980...

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