dissenting.
I disagree with the majority’s conclusion that where parties to a lawsuit file cross-motions for summary judgment, the party against whom judgment was entered is precluded from arguing on appeal that material issues of fact exist, making summary judgment improper. Because I further conclude that a triable issue of fact exists as to whether the parties had previously settled their claim, I would reverse the trial court’s judgment and remand for trial. Thus, I respectfully dissent.
It is well-established that “[o]ur standard of review of an appeal from summary judgment is de novo; such judgment is appropriate only when the record shows 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.’ ” In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008) (quoting Forbis v. Neal, 361 N.C. 519, 523-24, 649 S.E.2d 382, 385 (2007)).
The majority holds that because the Estate’s motion for summary judgment asserts that their forecast of evidence establishes that “there is no genuine issue as to any material fact on the claims of the Plaintiffs,” the Estate is now precluded on appeal from arguing that there is a triable issue of fact with respect to its claim that the parties never entered into an agreement to settle their dispute. I disagree.
Our Supreme Court, in Ellis v. Williams, 319 N.C. 413, 355 S.E.2d 479 (1987), discussed the nature of summary judgment and appellate courts’ role in reviewing grants of summary judgment:
[S]ummary judgment, by definition, is always based on two underlying questions of law: (1) whether there is a genuine issue of material fact and (2) whether the moving party is entitled to judgment. On appeal, review of summary judgment is necessarily limited to whether the trial court’s conclusions as to these questions of law were correct ones.
Id. at 415, 355 S.E.2d at 481 (internal citations omitted). Accord Schenkel & Shultz, Inc. v. Hermon F. Fox & Assocs., 362 N.C. 269, 277, 658 S.E.2d 918, 923-24 (2008) (“[0]n appeal [from grant of summary judgment], review is necessarily limited to whether the trial court’s conclusions as to whether there is a genuine issue of material fact and whether the moving party is entitled to judgment, both questions of law, were correct.”); Smith-Price v. Charter Behavioral Health Sys., 164 N.C. App. 349, 353, 595 S.E.2d 778, 782 (2004) (“An *11appeal from an order granting summary judgment raises only the issues of whether, on the face of the récord, there is any genuine issue of material fact, and whether the prevailing party is entitled to a judgment as a matter of law.” (Emphasis added.)).
As the applicable standard of review is de novo, an “appellate court must carefully examine the entire record in reviewing a grant of summary judgment,” Ellis, 319 N.C. at 415, 355 S.E.2d at 481, in order to assess the correctness of the trial court’s determination of the “two questions of law automatically raised by summary judgment[,]” id. at 416, 355 S.E.2d at 481 (emphasis added). Thus, standing alone, the statement in a motion for summary judgment that the undisputed facts entitle a party to judgment as to their claim does not foreclose that party from subsequently arguing on appeal that the trial'court erroneously entered judgment for the prevailing party due to triable issues of fact regarding the prevailing parties’ claim. It is a practical reality that parties file cross-motions for summary judgment all the time. The majority’s holding would effectively preclude any party that moved for summary judgment, and did not prevail, from being able to challenge the underlying facts of the case.
The attorneys in this case, in drafting their respective motions, could have used more precise language. The gist of each motion was that, from the respective perspectives of each party, they believed that the application of the law to the undisputed facts relating to their argument entitled them to judgment as a matter of law. I do not believe that either side was conceding that the facts supportive of the other party’s argument were undisputed, and that if they failed to prevail on summary judgment, they could not contest the facts on appeal. I would, therefore, address the merits of this appeal.
Turning to the merits, I believe that there is a genuine issue of material fact precluding summary judgment in this case. Simply put, in support of their motion, plaintiffs submitted affidavits and communications tending to show that the parties had reached a settlement agreement in November 1995; the Estate forecasted evidence suggesting just the opposite. In his affidavit, Dr. Woods states that Mr. Vann — Mr. Mangum’s attorney — offered to settle the dispute by having the Mangums cancel the promissory note and deed of trust in exchange for plaintiffs agreement to not seek to recover the tobacco allotments. Dr. Woods explains that when he found out about the settlement offer, he contacted Mr. Vann directly and accepted the offer. Dr. Woods unequivocally states that he and his wife “believe that a settlement was reached between us and Mr. Mangum.” The record *12also includes a copy of plaintiffs’ 30 November 2005 letter to Mr. Vann memorializing their “acceptance]” of the Mangum’s offer.
The Estate, in contrast, points to evidence of the parties’ conduct after the purported settlement date indicating that they had not reached an agreement. Specifically, the Estate identifies Mr. McKissick’s 17 January 1996 letter to plaintiffs in which Mr. McKissick states that he is “continuing to negotiate with Art Vann],] the attorney for the Mangum’s [sic], in connection with your case.” The record also contains Mr. McKissick’s 29 January 2006 termination letter to plaintiffs, stating that he would no longer be representing them in their “dispute with the Mangums relating to the transfer of tobacco allotments to you.”
Plaintiffs argue that the consideration for the compromise of receiving a clear title from the Mangums was plaintiffs’ agreement to not pursue their claim to recover the tobacco allotments. Plaintiffs, however, sent a demand letter to the Estate on 8 October 1999, claiming $35,032.80 for the tobacco allotments — a letter sent prior to the Estate’s demand on the note. This evidence, when considered in the light most favorable to the Estate, as is required on review of summary judgment, tends to show that the parties had not entered into a settlement agreement in November 1995.
It is not possible to determine whether the parties reached a settlement without first assigning greater weight or credibility to one party’s evidence or the other’s. However, “[i]f there is any question as to the weight of evidence, summary judgment should be denied.” Marcus Bros. Textiles, Inc. v. Price Waterhouse, LLP, 350 N.C. 214, 220, 513 S.E.2d 320, 325 (1999). Cases, such as this one, where there is conflicting evidence as to whether a settlement agreement has been reached are precisely the type of cases in which summary judgment is inappropriate.4 See Credit Union v. Smith, 45 N.C. App. 432, 437, 263 S.E.2d 319, 322 (1980) (concluding summary judgment should be denied “[i]f different material conclusions can be drawn from the evidence”); see also Sanyo Electric, Inc. v. Albright Distributing Co., 76 N.C. App. 115, 118, 331 S.E.2d 738, 740 (stating summary judgment should be denied unless “the only reasonable *13inference” from materials is that settlement agreement was reached (emphasis added)), disc. review denied, 314 N.C. 668, 335 S.E.2d 496 (1985). Here, the evidence was in dispute as to compromise and settlement. For the foregoing reasons, I respectfully dissent.
. Here, if the trial court had not entered summary judgment, it would have heard the case in a bench trial since nether party requested a jury trial. In that scenario, the parties could have stipulated to the evidence to be presented in order to avoid oral testimony, and requested the trial court to make findings of fact and conclusions of law under Rule 52(a) of the North Carolina Rules of Civil Procedure. The parties could then challenge the trial court’s stated findings and conclusions on appeal.