BAUM v. GOLDEN

No. 8615SC283.

349 S.E.2d 625 (1986)

Walter G. BAUM v. Carolista Fletcher GOLDEN.

Court of Appeals of North Carolina.

November 4, 1986.


Attorney(s) appearing for the Case

Northern, Blue, Little, Rooks, Thibaut & Anderson by David M. Rooks, Chapel Hill, for plaintiff-appellant.

Faison, Brown, Fletcher & Brough by O. William Faison and John E. Tate, Jr., Durham, for defendant-appellee.


JOHNSON, Judge.

The sole issue on appeal is whether the judgment in 80CVS324 may be pled as res judicata and bar plaintiff's claim for relief such that defendant was entitled to a judgment as a matter of law. We hold that the forecast of the evidence that would have been submitted does not entitle defendant to a judgment as a matter of law.

In pertinent part, Rule 56(c), N.C.Rules Civ.P., allows the court to grant summary judgment as follows:

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