GIBSON v. LAMBETH

No. 8726SC39.

357 S.E.2d 404 (1987)

Calvin B. GIBSON v. Philip D. LAMBETH, Individually and as Commissioner in Civil Action No. 82CVD3834, and Versailles Condominium Association, a North Carolina Corporation.

Court of Appeals of North Carolina.

July 7, 1987.


Attorney(s) appearing for the Case

Parker Whedon, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins & Gordon, by John C. Golding and Andrew W. Lax, Charlotte, for defendant-appellee.


JOHNSON, Judge.

Plaintiff's Assignment of Error raises the issue of whether the trial court erred by concluding as a matter of law that no issue exists as to any material fact to support plaintiff's motion for summary judgment, and that defendant is entitled to summary judgment. We find no merit to plaintiff's Assignment of Error.

The trial judge's role in ruling on a motion for summary judgment is to determine, based on the parties' pleadings and affidavits...

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