BEAU RIVAGE PLANTATION, INC. v. MELEX USA, INC.

No. 925SC996.

436 S.E.2d 152 (1993)

112 N.C. App. 446

BEAU RIVAGE PLANTATION, INC., Plaintiff, v. MELEX USA, INC., Defendant and Third-Party Plaintiff, v. Eddie LEWIS, Third-Party Defendant.

Court of Appeals of North Carolina.

November 2, 1993.


Attorney(s) appearing for the Case

Marshall, Williams & Gorham by Lonnie B. Williams, Wilmington, for plaintiff and third-party defendant-appellants.

Armstrong & Armstrong, P.A. by L. Lamar Armstrong, Jr., Smithfield, for defendant and third-party plaintiff-appellees.


WELLS, Judge.

When a motion for summary judgment is granted, the questions for determination on 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. Smith v. Smith, 65 N.C. App. 139, 308 S.E.2d 504 (1983).

Plaintiff brings forth nine assignments of error. In the first assignment...

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