Clifton v. Fesperman
Clifton v. Fesperman
Opinion of the Court
Plaintiffs contend that the trial judge misinterpreted the law in granting defendants’ motion for summary judgment. While the trial judge inadvisedly made extensive findings of fact and conclusions of law in ruling on defendants’ motion, they are disregarded on appeal. W. Shuford, N.C. Civil Practice and Prodedure § 56.6 (1980 Supp.); see, Lee v. King, 23 N.C. App. 640, 209 S.E.2d 831, cert. denied, 286 N.C. 336, 211 S.E. 2d 213 (1974).
We find that the trial j udge properly granted summary j udgment for defendants. In North Carolina, use of a way over another’s land is
Where a defendant seeking summary judgment carries his burden of proving a lack of genuine issue of fact for trial by evidentiary presumption or otherwise, the plaintiff may not rely on his bare allegations to the contrary but must, by affidavits or otherwise, set forth specific facts showing a genuine issue of fact for trial to defeat defendants’ motion. Doggett v. Welborn, 18 N.C. App. 105, 196 S.E. 2d 36, cert. denied, 283 N.C. 665, 197 S.E. 2d 873 (1973). Plaintiffs failed to offer evidence to rebut the presumption of permissive use and therefore are subject to defendants’ motion for summary judgment.
The ruling of the trial judge allowing defendants’ motion for summary judgment is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.