 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Childs v. Johnson12/31/2002
not amend their original motion for summary judgment or file an additional summary judgment motion, despite over seven months elapsing between the date defendants answered the amended complaint and the date of hearing on their motion for summary judgment.
Further, the trial court, in its 22 October 2001 order, clearly only ruled on the motion for summary judgment as it pertains to the governmental immunity claim by defendants. The record does not show any evidence that the trial court ruled on plaintiffs' equal protection claim. If a party desires for this Court to review a decision by a trial court, it is the responsibility of that party to obtain a ruling from the trial court for this court to review. See Electronic World, Inc. v. Barefoot, ___ N.C. App. ___, ___, 570 S.E.2d 225, 231 (2002) (citing N.C.R. App. P. 10(b)(1) (2002)). Since the record does not show that the trial court ruled on any issue other than defendants' motion for summary judgment based on the defense of governmental immunity, the equal protection claim is not properly before us. Id.
We affirm the trial court's denial of Johnson and Forsyth County's motion for summary judgment and remand with instructions that the trial court grant summary judgment to plaintiffs as to defendants' defense of governmental immunity.
Affirmed in part; remanded in part.
Judges GREENE and WYNN concur.
|