Issue

Summary judgment hearing—failure to exercise discretion to allow testimony—mistake of law—remand

Summary

The Court of Appeals properly vacated the trial court's order granting plaintiff's motion for summary judgment (on plaintiff's claims for breach of a commercial lease) where the trial court had acted under a misapprehension of the law and failed to exercise its discretion when it erroneously determined that it was prevented by the Rules of Civil Procedure from receiving oral testimony (that defendant sought to introduce in support of his counterclaim for fraudulent inducement). The matter was remanded for the trial court to exercise its discretion as authorized by Civil Procedure Rule 43(e).

Summary from the North Carolina Reports digest (official subject index). Read the opinion →