Liberty Loan Corp. of North Charlotte v. Miller

Court of Appeals of North Carolina

Liberty Loan Corp. of North Charlotte v. Miller

190 S.E.2d 672, 15 N.C. App. 745, 1972 N.C. App. LEXIS 2020

CourtCourt of Appeals of North Carolina

DecidedAugust 23, 1972

Docket7226DC352

StatusPublished

Cited by3 cases

This text of 190 S.E.2d 672 (Liberty Loan Corp. of North Charlotte v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Liberty Loan Corp. of North Charlotte v. Miller, 190 S.E.2d 672, 15 N.C. App. 745, 1972 N.C. App. LEXIS 2020 (N.C. Ct. App. 1972).

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Opinion

MORRIS, Judge.

Summary judgment may be granted where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. ...” G.S. 1A-1, Rule 56(c).

The party moving for summary judgment has the burden of clearly showing there is no genuine issue of material fact, and in ruling on his motion, the moving party’s papers are carefully scrutinized while those of the opposing party are to be indulgently treated. Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972) ; Miller v. Snipes, 12 N.C. App. 342, 188 *747 S.E. 2d 270 (1971), cert. denied 279 N.C. 619 (1971). In the case at bar, defendant’s affidavit in support of her motion for summary judgment merely reiterates the allegations in her answer denying the execution of the note. Although plaintiff did not respond to the motion for summary judgment by affidavit, its verified complaint, when viewed in the light most favorable to plaintiff, shows a triable issue does exist. Brevard v. Barkley, 12 N.C. App. 665, 184 S.E. 2d 370 (1971). We hold that the pleadings and affidavit clearly show the existence of a genuine issue of material fact, that defendant was not entitled to judgment as a matter of law, and that summary judgment was improperly entered.

Reversed.

Judges Brock and Hedrick concur.

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MORRIS, Judge.

Summary judgment may be granted where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. ...” G.S. 1A-1, Rule 56(c).

The party moving for summary judgment has the burden of clearly showing there is no genuine issue of material fact, and in ruling on his motion, the moving party’s papers are carefully scrutinized while those of the opposing party are to be indulgently treated. Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972) ; Miller v. Snipes, 12 N.C. App. 342, 188 *747 S.E. 2d 270 (1971), cert. denied 279 N.C. 619 (1971). In the case at bar, defendant’s affidavit in support of her motion for summary judgment merely reiterates the allegations in her answer denying the execution of the note. Although plaintiff did not respond to the motion for summary judgment by affidavit, its verified complaint, when viewed in the light most favorable to plaintiff, shows a triable issue does exist. Brevard v. Barkley, 12 N.C. App. 665, 184 S.E. 2d 370 (1971). We hold that the pleadings and affidavit clearly show the existence of a genuine issue of material fact, that defendant was not entitled to judgment as a matter of law, and that summary judgment was improperly entered.

Reversed.

Judges Brock and Hedrick concur.

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190 S.E.2d 672, 15 N.C. App. 745, 1972 N.C. App. LEXIS 2020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-loan-corp-of-north-charlotte-v-miller-ncctapp-1972.

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