(Download) "North Carolina v. Phillip" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Phillip
- Author : Supreme Court of North Carolina
- Release Date : January 31, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
After the hearing on plaintiffs motion for summary judgment under Rule 56, the trial judge proceeded to make what he termed "Findings of Fact." Summary judgment should be entered only where there is no genuine issue as to any material fact. If findings of fact are necessary to resolve an issue as to a material fact, summary judgment is improper. There is no necessity for findings of fact where facts are not at issue, and summary judgment presupposes that there are no triable issues of material fact. Although findings of fact are not necessary on a motion for summary judgment, it is helpful to the parties and the courts for the trial judge to articulate a summary of the material facts which he considers are not at issue and which justify entry of judgment. The "Findings of Fact" entered by the trial judge, insofar as they may resolve issues as to a material fact, have no effect on this appeal and are irrelevant to our decision. See Lee v. King, 23 N.C. App. 640, 643, 209 S.E.2d 831 (1974); Eggimann v. Board of Education, 22 N.C. App. 459, 464, 206 S.E.2d 754 (1974); 6 Moores Federal Practice para. 56.02[11] (2d ed. 1974).