NCNB NAT. BANK OF N.C. v. WESTERN SUR.

No. 8728SC233.

364 S.E.2d 675 (1988)

NCNB NATIONAL BANK OF NORTH CAROLINA v. WESTERN SURETY COMPANY.

Court of Appeals of North Carolina.

February 16, 1988.


Attorney(s) appearing for the Case

Morris, Golding, Phillips & Cloninger by William C. Morris, Jr., Asheville, for defendant-appellant.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Russell P. Brannon and Michelle Rippon, Asheville, for plaintiff-appellee.


JOHNSON, Judge.

Defendant contends the trial court erred in denying its motion for summary judgment and in granting plaintiff's motion for summary judgment. We disagree. "The judge's role in ruling on a motion for summary judgment is to determine whether any material issues of fact exist that require trial. It necessarily follows that when the only issues to be decided in the case are issues of law, summary judgment is proper." Wachovia Mortgage Co. v. Autry-Barker...

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