BAKER v. WILMOT

No. 85-393.

128 N.H. 121 (1986)

DEBORAH SEVERANCE BAKER v. SHEILA A. WILMOT.

Supreme Court of New Hampshire.

May 12, 1986.


Attorney(s) appearing for the Case

Winer, Pillsbury and Bennett, of Nashua (Peter G. Webb on the brief and orally), for the plaintiff.

Devine, Millimet, Stahl & Branch P.A., of Manchester (Robert C. Dewhirst on the brief and orally), for the defendant.


MEMORANDUM OPINION

[1, 2] On plaintiff's motion for summary judgment under RSA 491:8-a, the Superior Court (Bean, J.) made findings of fact and noted a "possible material mistake" of fact by the parties. Such findings of fact exceeded the trial court's authority on motion for summary judgment which is limited to determining whether a "genuine issue of material fact requiring a formal trial" exists. Arsenault v. Willis, 117...

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