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NAPIER v. HIGH POINT BANK & TRUST CO.

No. 9018SC47.

396 S.E.2d 620 (1990)

100 N.C. App. 390

Kay Chandler NAPIER and Bennett Edward Napier, II v. HIGH POINT BANK & TRUST COMPANY, Individually and as Administrator CTA of the Estate of Mary Blankenship Clodfelter, Deceased; and Henry Hazel Clodfelter.

Court of Appeals of North Carolina.

October 2, 1990.

Attorney(s) appearing for the Case

McNairy, Clifford, Clendenin & Parks by R. Walton McNairy, and James Dale Shepherd, Greensboro, for plaintiffs-appellees.

Wyatt, Early, Harris, Wheeler & Hauser by William E. Wheeler, High Point, for defendant-appellant Henry Hazel Clodfelter.

Hugh C. Bennett, Jr., High Point, for defendant-appellant High Point Bank & Trust Co., Administrator, CTA, of the estate of Mary Blankenship Clodfelter, Deceased.

Keziah, Gates & Samet by Jan H. Samet, Greensboro, for defendant-appellant High Point Bank & Trust Co., Individually.

WELLS, Judge.

When a motion for summary judgment is granted, "the critical questions for determination upon appeal are whether on the basis of the materials presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law." Oliver v. Roberts, 49 N.C. App. 311, 271 S.E.2d 399 (1980), cert. denied, 276 S.E.2d 283

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