STREET v. MOFFITT

No. 8624SC841.

351 S.E.2d 821 (1987)

84 N.C. App. 138

J.D. STREET, Individually and Jason Dont Street, By and Through his Guardian Ad Litem, J.D. Street v. Glenn MOFFITT and wife, Ola Mae Moffitt.

Court of Appeals of North Carolina.

January 20, 1987.


Attorney(s) appearing for the Case

G.D. Bailey and J. Todd Bailey, Burnsville, for plaintiffs-appellants.

Moore, Willardson & Lipscomb, by William F. Lipscomb, Wilkesboro, for defendants-appellees.


JOHNSON, Judge.

The only issue we must address is whether there was a material issue of fact presented by the parties pleadings and affidavits such that it constituted reversible error for the trial court to conclude that defendants were entitled to a judgment as a matter of law. We conclude that the forecast of evidence submitted by the parties does not present a material triable issue of fact and accordingly we affirm the trial court's judgment.

We are advertent...

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