HATCHER v. ROSE

No. 8920DC601.

389 S.E.2d 442 (1990)

97 N.C. App. 652

M.S. HATCHER and wife, Betty M. Hatcher, Plaintiffs, v. Earl G. ROSE and wife, Bonnie H. Rose, Defendants.

Court of Appeals of North Carolina.

March 20, 1990.


Attorney(s) appearing for the Case

Page, Page & Webb by John T. Page, Jr., Rockingham, for plaintiffs-appellants.

Leath, Bynum, Kitchin & Neal by Henry L. Kitchin and Stephan R. Futrell, Rockingham, for defendants-appellees.


EAGLES, Judge.

Plaintiffs' arguments challenge the entry of summary judgment in favor of defendants and the denial of plaintiffs' motion for summary judgment. We reverse the decision of the trial court and remand for entry of judgment in favor of plaintiffs.

A party moving for summary judgment is entitled to summary judgment if he can show, through pleadings and affidavits, that there is no genuine issue of material fact requiring a trial and that he is entitled...

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