N.C. Gen. Stat. § 1A-1

Rule 56(c) permits summary judgment in a negligence case when the plaintiff cannot recover even if her alleged facts are true.

Stoltz v. Burton · filed 1984-06-19Rule 56(c)

While summary judgment is generally not appropriate in negligence cases, it is appropriate in cases in which it appears that the plaintiff cannot recover even if the facts as alleged by the plaintiff are true.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law; the moving party bears the initial burden.

Fraver v. North Carolina Farm Bureau Mutual Insurance · filed 1984-08-07Rule 56(c)

G.S. 1A-1, Rule 56(c) states that summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” The moving party has the burden of showing that no genuine issue of fact exists for trial.

A party opposing a supported summary judgment motion must make a factual showing; allegations in an unverified answer are insufficient.

Harris v. Walden · filed 1984-10-02Rule 56(e)

Defendants came forward with no evidence or rebuttal to plaintiffs motion for summary judgment in which plaintiff established a prima facie case of superior title. Defendants fail to support their contentions of adverse possession by the factual showing required to oppose plaintiffs affidavit under Rule 56.

Rule 56 permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Hall v. T. L. Kemp Jewelry, Inc. · filed 1984-11-06Rule 56

Summary judgment is proper if the pleadings, depositions, interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56.

Rule 56(c) permits summary judgment when no material fact is genuinely disputed and a party is entitled to judgment as a matter of law.

Cabarrus County v. City of Charlotte · filed 1984-11-06Rule 56(c)

G.S. 1A-1, Rule 56(c) permits the granting of summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” We find that the court properly granted summary judgment to the defendant.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Dumouchelle v. Duke University · filed 1984-07-03Rule 56(c)

A motion for summary judgment is properly granted under N.C. Gen. Stat. § 1A-1, Rule 56(c) of the Rules of Civil Procedure “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.”

Rule 56(c) permits summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law.

Buffington v. Buffington · filed 1984-07-03Rule 56(c)

Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) of the Rules of Civil Procedure.

Rule 56(c) requires summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law; the moving party bears the burden of showing that no triable issue exists.

Boyce v. Meade · filed 1984-12-04Rule 56(c)

Upon motion a summary judgment must be rendered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56(c). The party moving for summary judgment has the burden of establishing the absence of any triable issue of fact.

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dubose Steel, Inc. v. Branch Banking and Trust Co. · filed 1985-02-05Rule 56(c)

There being no genuine issue of material fact and the Bank being entitled to judgment as a matter of law, summary judgment was properly entered for defendant. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists; motions by both parties do not establish that condition.

Bicycle Transit Authority, Inc. v. Bell · filed 1985-02-05Rule 56(c)

Summary judgment is appropriate when there is no genuine issue of material fact. N.C. Gen. Stat. § 1A-1, Rule 56(c) of the Rules of Civil Procedure (1983). ... The fact that both parties have moved for summary judgment does not necessarily mean that summary judgment should be granted. ... We believe there was a factual issue as to whether Bell’s entering into the lease with Snook constituted direct or indirect contract with, or association with, competition in violation of the contract. Summary judgment was therefore improperly granted.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists, and the court may not resolve disputed facts on the motion.

Vernon, Vernon, Wooten, Brown & Andrews, P. A. v. Miller · filed 1985-03-05Rule 56(c)

G.S. 1A-1, Rule 56(c) provides that summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” The rule authorizes the court to determine whether a genuine issue of fact exists, but does not authorize the court to resolve an issue of fact.

Rule 56(c) requires summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Penn Compression Moulding, Inc. v. Mar-Bal, Inc. · filed 1985-03-05Rule 56(c)

In ruling upon a motion for summary judgment, the court must determine from the materials before it whether a genuine issue of material fact exists, and if not, whether a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c); Kessing v. National Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971). ... There being no genuine issue of material fact as to the lack of consideration, defendant was entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc. · filed 1985-05-07Rule 56(c)

Upon motion, summary judgment is appropriately entered where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” N.C.G.S. § 1A-1, Rule 56(c).

Rule 56(c) bars summary judgment when substantial performance and the amount recoverable remain genuine issues of material fact.

Almond Grading Co. v. Shaver · filed 1985-05-07Rule 56(c)

Even if we should accept as true all the claims made by plaintiff in support of his motion we are left with the question of whether the incomplete performance by the plaintiff was substantial performance of the contract. There also remains for the jury’s determination the material question of the amount plaintiff is entitled to recover for the work done in performing the contract. These questions are genuine issues of material fact that can only be resolved by an objective trier of fact. Therefore, summary judgment for the plaintiff as to its claim against the defendant must be reversed.

Rule 56(c) permits summary judgment when there is no genuine issue of material fact.

Carlton v. Carlton · filed 1985-05-21Rule 56(c)

Summary judgment is proper when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when there is no genuine issue of material fact.

Overstreet v. City of Raleigh · filed 1985-06-18Rule 56(c)

Summary judgment is proper when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). ... Accordingly defendant was entitled to summary judgment as a matter of law.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Narron v. Hardee's Food Systems, Inc. · filed 1985-07-02Rule 56(c)

Summary judgment is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c).

Under Rule 56, a defendant is entitled to summary judgment when the forecast of trial evidence shows that the plaintiff cannot establish a prima facie case.

Smith v. ASSOCIATION FOR RETARDED CITIZENS FOR HOUSING DEVELOPMENT SERV. · filed 1985-07-02Rule 56

In other words, if the forecast of evidence available for trial, as adduced on the motion for summary judgment, demonstrates that plaintiff will not at trial be able to make out at least a prima facie case, defendant is entitled to summary judgment.

Rule 56(c) permits summary judgment when the submitted materials show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Rodgers Builders, Inc. v. McQueen · filed 1985-07-16Rule 56(c)

G.S. 1A-1, Rule 56(c) permits summary judgment if the materials submitted to the court show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Summary judgment is proper when the materials submitted on the motion show no issue of material fact requiring a jury.

Olive v. Great American Insurance Co. · filed 1985-08-06Rule 56

The issue here is not whether, as in Dailey I and Payne, plaintiffs have sufficiently alleged a claim for relief but whether, based on the pleadings, affidavits, depositions and other material submitted in support of and in opposition to the motion, there is an issue of material fact as to the claims that would require them to be submitted to a jury. ... We hold that no issue of material fact has been shown to exist here and that the trial court properly allowed defendant’s motion for summary judgment.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Sartin v. Carter · filed 1985-08-06Rule 56(c)

G.S. 1A-1, Rule 56(c) permits the granting of summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.”

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

B M & W of Fayetteville, Inc. v. Barnes · filed 1985-07-02Rule 56(c)

There being no genuine issue of material fact and plaintiff being entitled to judgment as a matter of law, summary judgment in favor of plaintiff was therefore properly granted.

Rule 56 permits summary judgment for a party that did not move for it, provided that party is entitled to judgment as a matter of law.

N. C. Coastal Motor Line, Inc. v. Everette Truck Line, Inc. · filed 1985-10-01(c)

Rule 56 does not require that a party move for summary judgment in order to be entitled to it. ... However, the nonmovant must be entitled to the judgment as a matter of law.

Rule 56(c) permits summary judgment when the evidence shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Johnson v. SMITH, SCOTT & ASSOCIATES, INC. · filed 1985-10-15Rule 56(c)

We conclude that the forecast of the evidence shows that there is no genuine issue as to any material fact herein and that defendant is entitled as a matter of law to retain the $2500 earnest money.

Rule 56 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ward v. Turcotte · filed 1986-02-18Rule 56

Summary judgment should be granted when a party establishes that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 of the Rules of Civil Procedure; ... This evidence is sufficient to raise a genuine issue of material fact as to whether Ms. Turcotte’s allegations were made without good faith or probable cause, thus constituting actual malice. For this reason we hold that summary judgment was improvidently granted.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Surrette v. Duke Power Co. · filed 1986-01-07Rule 56(c)

Summary judgment is properly granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when no genuine issue of material fact is triable and the movant is entitled to judgment as a matter of law.

Cashion v. Texas Gulf, Inc. · filed 1986-03-04Rule 56(c)

It is well settled that a Rule 56 motion for summary judgment should be allowed only when there exists no triable genuine issue of material fact and the movant’s forecast of the evidence demonstrates that it is entitled to a judgment as a matter of law.

Rule 56(c) permits summary judgment only when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

United Church of God, Inc. v. McLendon · filed 1986-06-17Rule 56(c)

Summary judgment shall be rendered only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c). ... Genuine issues of fact and law remain to be determined in this matter.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Sink v. Andrews · filed 1986-07-01Rule 56

Summary judgment, pursuant to G.S. 1A-1, Rule 56, is appropriate where no genuine issues exist as to any material fact and the moving party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Gunby v. Pilot Freight Carriers, Inc. · filed 1986-08-05Rule 56(c)

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Branks v. Kern · filed 1986-10-07(c)

The trial court may grant summary judgment “if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c), North Carolina Rules of Civil Procedure.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

COLONIAL BLDG. CO., INC. v. Justice · filed 1986-12-30Rule 56(c)

Summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Rule 56(f) allows a party unable to present opposing material to seek a continuance or denial of summary judgment, subject to the trial court’s discretion.

Cellu Products Co. v. G.T.E. Products Corp. · filed 1986-06-17Rule 56(f)

If the opposing party is unable to present the necessary opposing material, he may seek the protection of section (f) of this rule, which gives the trial court discretion to refuse the motion for judgment or order a continuance.

Rule 56 permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Hagler v. Hagler · filed 1987-04-07

Accordingly, there is, as the trial judge so concluded, no genuine issue as to any material fact and plaintiff-husband was entitled to judgment in his favor as a matter of law. N.C.G.S. § 1A-1, Rule 56 (1983). The grant of summary judgment entered by the trial court was proper.

Rule 56 requires that no genuine issue of material fact exist and that judgment be appropriate as a matter of law before summary judgment is granted.

Knotville Volunteer Fire Department, Inc. v. Wilkes County & Broadway Fire Department, Inc. · filed 1987-05-05Rule 56

In reviewing an order of summary judgment it must be determined that there is no genuine issue of material fact and that judgment was appropriate as a matter of law.

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and the defendant is entitled to judgment as a matter of law.

Levan v. Eidson · filed 1987-06-02Rule 56(c)

The forecast of evidence before the trial court showed that there was no genuine issue as to any material fact and that defendant was entitled to judgment as a matter of law. See G.S. § 1A-1, Rule 56(c) of the Rules of Civil Procedure.

At summary judgment, the moving party’s contrary evidence does not resolve a factual dispute; the jury considers it.

Robinson v. North Carolina Farm Bureau Insurance Co. · filed 1987-06-02Rule 56(c)

The defendant’s evidence to the contrary is not to be considered for summary judgment purposes. That evidence is to be considered by the jury.

Rule 56 requires the court to view summary judgment evidence in the nonmovant’s favor and requires the movant to show the absence of a triable issue.

Shelton v. Fairley · filed 1987-06-16Rule 56

Upon motion of summary judgment, a trial court must consider pleadings, affidavits and depositions in order to determine whether the movant has met his burden of proof, as set out in establishing the absence of any triable issue. N.C. Gen. Stat. § 1A-1, Rule 56 of the Rules of Civil Procedure. The evidence must be viewed in the light most favorable to the non-movant in determining whether movant has (1) proved that an essential element of the opposing party’s claim is nonexistent, or (2) shown through discovery that the opposing party cannot produce evidence to support an essential element of his claim.

Rule 56(e) requires a party opposing summary judgment to set forth specific facts showing a genuine issue for trial once the moving party meets its burden.

Federal Land Bank of Columbia v. Lieben · filed 1987-07-07Rule 56(e)

Once the movant has met this burden, the “adverse party may not rest upon the mere allegations or denials of his pleading, but his response . . . must set forth specific facts showing that there is a genuine issue for trial.” G.S. 1A-1, Rule 56(e). If the non-movant fails to so respond, summary judgment is properly entered against him.

Rule 56(c) permits summary judgment when no material fact is genuinely disputed and a party is entitled to judgment as a matter of law.

Whitfield v. Nationwide Mutual Insurance Co. · filed 1987-07-21Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” N.C.G.S. § 1A-1, Rule 56(c). After reviewing the undisputed facts and the policy provision in question, we find the trial court did not err by entering summary judgment for the plaintiff.

Rule 56 permits summary judgment when no genuine issue of material fact exists.

Higgins v. Higgins · filed 1987-08-04Rule 56(e)

Because the evidence at trial tended to show that no genuine issue of material fact existed as to whether the parties engaged in sexual relations during the one-year separation period as proscribed by their separation agreement, we hold that the trial court properly granted summary judgment in favor of Mrs. Higgins on her complaint for an equitable distribution as to the marital residence.

Rule 56(f) allows a discretionary continuance when an opposing party’s affidavit identifies essential facts that the party cannot present by affidavit.

Glynn v. Stoneville Furniture Co., Inc. · filed 1987-04-07Rule 56(f)

We hold that the court did not abuse its discretion in denying plaintiffs motion here. Plaintiffs affidavit accompanying his motion does not detail any facts, as required by Rule 56(f), necessary to justify his opposition to Wickes’ motion for summary judgment which plaintiff could not present by affidavit.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Clerk of Superior Court of Guilford County v. Guilford Builders Supply Co. · filed 1987-10-20Rule 56(c)

Summary judgment is appropriate only in those cases where the materials before the court show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Brawley v. Brawley · filed 1987-11-17Rule 56(c)

Summary judgment is a device whereby judgment is rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, if any, show 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.

Rule 56 permits summary judgment when the materials before the court show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Newman v. Raleigh Internal Medicine Associates, P.A. · filed 1987-12-15Rule 56

The test on a motion for summary judgment made under N.C. Gen. Stat. § 1A-1, Rule 56 and supported by matters outside the pleadings is whether, on the basis of the materials presented ... to the court, there is any genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law.

Rule 56 requires a party seeking summary judgment to show that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.

Simpson v. NORTH CAROLINA LOCAL GOVERNMENT EMP. RETIRE. SYS. · filed 1987-12-22

We perceive that defendants' burden to show that there are no genuine issues as to any material fact in this action and that defendants are entitled to judgment as a matter of law has not been met. See N.C.Gen.Stat. § 1A-1, Rule 56 of the Rules of Civil Procedure. Accordingly, we hold that summary judgment for defendants was improvidently entered and remand for further proceedings consistent with this opinion.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Burrow v. Westinghouse Electric Corp. · filed 1988-01-05Rule 56(c)

Summary judgment should only be granted where the evidence presented to the trial court shows that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Rule 56 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Craftique, Inc. v. Stevens and Co., Inc. · filed 1988-02-03Rule 56

We hold that summary judgment in favor of the plaintiffs, Henredon and Craftique, was proper because there are no genuine issues of material fact, and these plaintiffs are entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56 (1983).

Rule 56(c) requires the court to give the party opposing summary judgment all reasonable favorable inferences from the evidence.

Troxler v. Charter Mandala Center, Inc. · filed 1988-03-15Rule 56(c)

The non-movant must be given all favorable inferences which may reasonably be drawn from the facts proffered.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Coleman v. Cooper · filed 1988-03-15Rule 56(c)

Defendants are entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that [defendants are] entitled to a judgment as a matter of law.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Bell v. West American Insurance · filed 1988-03-15Rule 56(c)

The trial court’s order granting summary judgment for defendant was thus proper only if there was no issue of material fact and defendant was entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Baucom's Nursery v. Mecklenburg County · filed 1988-04-05Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c).

Rule 56(c) allows summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; the moving party bears the burden of showing that no triable issue exists.

Walker v. Durham Life Insurance · filed 1988-05-17Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c). The party moving for summary judgment has the burden of establishing the lack of any triable issue of fact.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Walter v. Vance County Ex Rel. Ayscue · filed 1988-07-05Rule 56(c)

Defendants would be entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits . . . show that there is no genuine issue as to any material fact and that [defendants are] entitled to a judgment as a matter of law.” G.S. 1A-1, Rule 56(c). If the pleadings and proof establish that no claim for relief exists, summary judgment is proper.

Rule 56 permits summary judgment when only questions of law remain and a claim has a fatal weakness or faces an absolute defense.

Palm Beach, Inc. Ex Rel. Evan Picone, Inc. v. Allen · filed 1988-08-02Rule 56

Summary judgment is designed to preclude the need for formal trials where only questions of law exist, by permitting penetration of an unfounded claim and allowing summary disposition for either party when a fatal weakness or absolute defense is revealed.

Rule 56(c) does not permit summary judgment when genuine issues of material fact remain; the evidence must be viewed in the light most favorable to the opposing party.

Meadows v. Cigar Supply Co., Inc. · filed 1988-09-20Rule 56(c)

Considering the evidence in the light most favorable to plaintiffs and giving them the benefit of all reasonable inferences, the record in this case does not support a finding that Mr. Meadows was contributorily negligent as a matter of law. Further, there are genuine issues of material fact in the affidavits of Officer Norris, the Cigar Supply employees and the surveyor as to whether vision on Third Street was obstructed by the sunlight.

Rule 56(f) requires a party seeking more time to oppose summary judgment to submit an affidavit explaining why it cannot present facts needed to justify its opposition.

Florida National Bank v. Satterfield · filed 1988-05-03Rule 56(f)

Moreover, the record here shows no request for the court to invoke Rule 56(f). Further, there is no affidavit from defendant, as Rule 56(f) requires, setting out the facts or reasons why he could not justify his opposition to the motion for summary judgment.

Rule 56 permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Brandt v. Brandt · filed 1988-12-30Rule 56

Summary judgment is appropriate only when all of the materials filed in connection with the action make clear that there are no factual questions to be resolved by the fact finder, and the movant is entitled to a favorable judgment as a matter of law. G.S. 1A-1, Rule 56 (1988). ... Therefore, we find that there was no genuine issue of material fact to be decided; defendant’s obligation to pay support to plaintiff was clear.

Rule 56 permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Messer v. Laurel Hill Associates · filed 1989-04-18Rule 56

A motion for summary judgment should be granted when the evidence presented to the trial court reveals that there is no genuine issue as to any material fact and that either party is entitled to judgment in its favor as a matter of law. ... Under these facts, we believe there is a genuine issue of material fact regarding defendant’s liability for breach of the promise to build Rhododendron Drive by 30 December 1985.

Rule 56(c) permits summary judgment in a negligence action when the forecast of evidence fails to show the defendant’s negligence, establishes the plaintiff’s contributory negligence, or shows the alleged negligence was not the proximate cause of the injury.

Wyrick v. K-MART APPAREL FASHIONS CORP. · filed 1989-04-18Rule 56(c)

Even in a negligence action, summary judgment is proper if the forecast of evidence fails to show defendant’s negligence, establishes plaintiff’s contributory negligence or shows defendant’s alleged negligence was not the proximate cause of plaintiff’s injury.

Rule 56(c) does not permit summary judgment when proximate cause and contributory negligence remain material issues of fact.

Lamm v. Bissette Realty, Inc. · filed 1989-06-06Rule 56(c)

The question now becomes whether defendants' negligence is the proximate cause of plaintiff's injuries, and whether plaintiff was contributorily negligent. These are material issues of fact and cannot be determined as a matter of law.

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Tate v. Chambers · filed 1989-06-06Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admission oía file, together with the affidavits, if any, show 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.” G.S. 1A-1, Rule 56(c).

Rule 56 permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Yelverton v. Lamm · filed 1989-07-05Rule 56

A motion for summary judgment should be granted when the evidence presented to the trial court reveals that there is no genuine issue as to any material fact and therefore one of the parties is entitled to judgment in its favor as a matter of law.

Rule 56(c) permits summary judgment when the material facts are undisputed and the remaining issue is a question of law.

McNaull v. McNaull · filed 1989-07-05Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56(c). ... Therefore, the trial court’s conclusion that there was no genuine issue of material fact was correct and summary judgment was appropriate.

Rule 56(c) requires the court to consider the parties’ evidentiary forecasts, including evidence beyond the pleadings, to determine whether a genuine issue of material fact requires trial.

Owens v. Pepsi Cola Bottling Co. · filed 1989-08-15Rule 56(c)

The procedure involved in this motion is designed to give a forecast of the proof which the parties intend to offer on behalf of their claims and defenses in order to determine whether a jury trial is necessary. This is done by considering evidence beyond the mere pleadings when determining whether a genuine issue of material fact actually exists.

Rule 56(c) requires courts deciding summary judgment motions to view the facts in the light most favorable to the nonmoving party.

Osborne ex rel. Williams v. Annie Penn Memorial Hospital, Inc. · filed 1989-08-15Rule 56(c)

This motion, which is designed to give a forecast of the proof which the parties intend to offer on behalf of their claims and defenses, requires the court to view all facts in “the light most favorable to the nonmoving party.”

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

George W. Kane, Inc. v. Bolin Creek West Associates · filed 1989-08-15Rule 56(c)

Summary judgment is proper when there is no genuine issue of material fact and when the movant is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1988).

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Brooks v. Stroh Brewery Co. · filed 1989-09-05Rule 56(c)

Summary judgment is appropriate only where the evidence presented to the court shows both a lack of genuine issue of material fact and movant’s entitlement to judgment as a matter of law.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Hair v. Hales · filed 1989-09-05Rule 56(c)

The entry of summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment for a nonmoving party in appropriate cases.

Federal Land Bank of Columbia v. Lackey · filed 1989-07-05Rule 56(c)

In appropriate cases summary judgment may be granted in favor of the non-movant.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Bolton Corp. v. State · filed 1989-09-19Rule 56(c)

G.S. 1A-1, Rule 56(c) provides that summary judgment is proper if, “the pleadings, depositions, answers to interrogatories, admissions on file, together with the affidavits, if any, show 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.” ... We therefore hold that Bolton Corp.’s claims are barred under G.S. 143-135.3 and summary judgment was proper.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Barrow v. Murphrey · filed 1989-10-03(c)

A motion for summary judgment under G.S. 1A-1, Rule 56(c) “shall be rendered ... if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.”

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Cumberland Associates v. Scotto's Pizza of North Carolina, Inc. · filed 1989-10-03Rule 56(c)

The entry of summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. 1A-1, Rule 56(c).

Rule 56 permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Stevenson v. Parsons · filed 1989-10-17Rule 56

Summary judgment is appropriate only where the materials before the trial court show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law.

Rule 56 entitles a moving party to summary judgment when the materials before the court show no genuine issue of material fact and entitlement to judgment as a matter of law.

Piedmont & Western Investment Corp. v. Carnes-Miller Gear Co. · filed 1989-10-17Rule 56

The party moving for summary judgment is entitled to such judgment if it can show, through pleadings, affidavits, and other materials before the court, that there is no genuine issue of material fact for trial and that it is entitled to judgment as a matter of law.

Rule 56 permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law; stipulated facts can establish that no factual issue remains.

King v. Cranford, Whitaker & Dickens · filed 1989-11-07Rule 56

Summary judgment is appropriate when there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56. The parties to the malpractice action agreed on a set of stipulated facts for purposes of the summary judgment motion, so there is no genuine issue as to any material fact.

Rule 56 does not permit summary judgment based on contributory negligence when the evidence allows reasonable competing inferences.

Smith v. Selco Products, Inc. · filed 1989-11-07Rule 56

Other reasonable inferences may be drawn from the circumstances of this accident. When such inferences are possible, summary judgment based on plaintiff’s contributory negligence is not correct.

Rule 56 permits summary judgment only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

International Paper Co. v. Corporex Constructors, Inc. · filed 1989-11-21Rule 56

A party moving for summary judgment is entitled to such judgment only if he can show that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56; Hagler v. Hagler, 319 N.C. 287, 354 S.E.2d 228 (1987). Because we hold that the offending clause in Article 3.16.1 was severable, defendant was not entitled to summary judgment.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Medlin v. Bass · filed 1989-12-05Rule 56(c)

Summary judgment should be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show 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." G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists, and an adequately supported motion requires the opposing party to produce facts showing the claim can be sustained at trial.

McKeel v. Armstrong · filed 1989-12-05Rule 56(c)

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact. . . .” N.C.G.S. § 1A-1, Rule 56(c). ... We hold defendants’ presentation of the evidence demonstrates that no material issue of fact exists here, and we fail to see any facts presented by plaintiff to indicate he could sustain his claim if we allow it to proceed.

Rule 56 permits summary judgment when no genuine issue of material fact requires a trial and a party is entitled to judgment as a matter of law.

York ex rel. York v. Northern Hospital District of Surry County · filed 1989-12-05

Summary judgment should be granted when there is no genuine issue of material fact requiring a trial and one party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (1983).

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Bamberger v. Bernholz · filed 1989-12-19Rule 56(c)

A motion for summary judgment under G.S. 1A-1, Rule 56(c) "shall be rendered... if the pleadings, depositions, ... show 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." ... Therefore, defendants failed to carry their burden of showing that there was no genuine issue of material fact on the issue of proximate cause and that they were entitled to judgment as a matter of law.

Rule 56 permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Thompson-Arthur Paving Co. v. North Carolina Department of Transportation · filed 1990-01-16Rule 56

Summary judgment should be granted when there is no genuine issue of material fact for trial and the moving party is entitled to judgment as a matter of law.

Rule 56 requires the party opposing a summary judgment motion to identify specific facts showing a genuine issue for trial, or give an excuse, once the movant meets its burden.

Weeks v. North Carolina Department of Natural Resources & Community Development · filed 1990-02-06Rule 56

If, however, the movant carries its burden, the opposing party must respond with specific facts showing there is a genuine issue for trial or with an excuse for not doing so.

Rule 56 permits summary judgment when the pleadings and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Hatcher v. Rose · filed 1990-03-20

A party moving for summary judgment is entitled to summary judgment if he can show, through pleadings and affidavits, that there is no genuine issue of material fact requiring a trial and that he is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56. Here there is no dispute regarding the facts. A question of law is all that is presented. Accordingly, this case was appropriate for summary judgment.

Rule 56(c) requires the court to determine whether a triable issue of material fact exists while viewing the evidence in the light most favorable to the nonmoving party.

SNOW BY AND THROUGH DOCKERY v. East · filed 1989-10-17Rule 56(c)

In a summary judgment proceeding, the trial court must determine if there, is a triable material issue of fact, viewing all evidence presented in the light most favorable to the nonmoving party.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Village of Pinehurst v. Regional Investments of Moore, Inc. · filed 1990-01-16Rule 56

Summary judgment is appropriate when there exists no material issue of fact and the movant is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56. ... We determine that the forecast of evidence before the trial court relating to the right of first refusal provision shows that no genuine issue of material fact existed as to whether the right was valid and defendants were entitled to judgment as a matter of law.

Findings of fact are discouraged in a Rule 56(c) summary judgment proceeding, but they do not themselves invalidate the judgment.

Summey Outdoor Advertising, Inc. v. County of Henderson · filed 1989-12-19Rule 56(c)

While it is not advisable to make findings of fact in a summary judgment proceeding, such findings do not render the summary judgment invalid.

Rule 56(c) lets a court determine whether a genuine issue of material fact exists, but not decide a disputed fact.

Severance v. Ford Motor Co. · filed 1990-05-01Rule 56(c)

This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Webster v. Powell · filed 1990-05-15Rule 56(c)

Summary judgment is appropriate when the pleadings, depositions, and other relevant discovery materials show 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.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Booher v. Frue · filed 1990-06-05Rule 56(c)

Under G.S. 1A-1, Rule 56(c), defendant is entitled to summary judgment if the record shows “that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law.” ... On the record before us, because neither of the two exceptions apply, we conclude that summary judgment in favor of Payne was improperly entered.

Under Rule 56, summary judgment is improper when the forecast of evidence presents triable questions about negligence or contributory negligence.

Pulley v. Rex Hospital · filed 1990-06-13Rule 56

While we make, of course, no comment upon the plaintiff's chance of succeeding in this action, the forecast of evidence does create a triable question of whether the defendant breached its duty to maintain its premises in a reasonably safe condition. Further, the forecast of evidence does not establish as a matter of law that the defect in the sidewalk was known to the plaintiff or "obvious" under the conditions existing at the time she fell or that she was contributorily negligent. The Superior Court thus erred in entering summary judgment for the defendant, and the Court of Appeals erred in affirming that judgment.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

United Carolina Bank v. Tucker · filed 1990-06-19Rule 56(c)

Summary judgment should be granted only if there is no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law. ... For the foregoing reasons, summary judgment was not appropriate and the order of the trial judge is reversed.

Rule 56(c) requires summary judgment review to determine whether the record presents a genuine question of material fact and whether a party is entitled to judgment as a matter of law.

Medley v. North Carolina Department of Correction · filed 1990-07-03Rule 56(c)

Because plaintiff is appealing the Commission’s entry of a summary judgment order, instead of addressing the questions which we are usually limited to pursuant to N.C. Gen. Stat. § 143-293, we must determine whether the pleadings, interrogatory answers, affidavits or other materials contained a genuine question of material fact, and whether at least one party was entitled to a judgment as a matter of law.

Rule 56 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Kearney v. County of Durham · filed 1990-07-03Rule 56

The granting of summary judgment is proper only when, on the basis of the materials before the court, there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the record presents no genuine question of material fact and a party is entitled to judgment.

Yates Construction Co. v. Greenleaf Corp. · filed 1990-07-17Rule 56(c)

Under the often stated summary judgment rule, when the pleadings, interrogatory answers, affidavits or other materials do not contain a genuine question of material fact for the court, and at least one party is entitled a judgment in its favor, the motion for summary judgment should be granted. G.S. § 1A-1, Rule 56(c) (1983).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the undisputed facts entitle a party to judgment as a matter of law.

Kaplan v. First Union National Bank of North Carolina · filed 1990-07-17Rule 56(c)

Summary judgment is proper when there is “no genuine issue as to any material fact. . . .” G.S. 1A-1, Rule 56(c). Additionally, the court must find that on the undisputed facts the party given summary judgment is entitled to judgment as a matter of law.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Jones Cooling & Heating, Inc. v. Booth · filed 1990-08-07Rule 56

Summary judgment is appropriate if the movant shows no genuine issue of material fact and that he is entitled to judgment as a matter of law. ... Therefore, the existence of a legal remedy acts as a legal bar to plaintiff’s subrogation claim, and the trial court properly granted summary judgment for defendants.

Rule 56 permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Raleigh Federal Savings Bank v. Godwin · filed 1990-08-07Rule 56

Summary judgment is proper when the pleadings, together with any depositions, interrogatories, admissions on file, and supporting affidavits show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law; the court may determine whether a factual issue exists but may not resolve it.

Waddle v. Sparks · filed 1990-08-21Rule 56(c)

This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact.

Rule 56(f) permits a continuance when a party needs time for discovery to present facts essential to opposing summary judgment; denying that time can be an abuse of discretion.

Brown v. Greene · filed 1990-05-01Rule 56(f)

Considering the theories under which plaintiff was proceeding, we hold that the trial court abused its discretion in granting defendant’s motion for summary judgment without giving plaintiff ample time to conduct discovery and present facts essential to justify her opposition to that motion.

Rule 56 permits summary judgment for a nonmoving party when no genuine issue of material fact exists and that party is entitled to judgment as a matter of law.

Barclaysamerican v. Nc Ins. Guar. · filed 1990-07-03Rule 56

Summary judgment is appropriate only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C.Gen.Stat. § 1A-1, N.C.R.Civ.P., Rule 56. Summary judgment for the nonmovant may be entered where this standard is satisfied.

Rule 56 permits summary judgment for a nonmoving party when no genuine issue of material fact exists and that party is entitled to judgment as a matter of law.

BarclaysAmerican/Leasing, Inc. v. North Carolina Insurance Guaranty Ass'n · filed 1990-07-03Rule 56

Summary judgment is appropriate only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P., Rule 56. Summary judgment for the nonmovant may be entered where this standard is satisfied.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Muther-Ballenger v. Griffin Electronic Consultants, Inc. · filed 1990-10-30Rule 56(c)

Under N.C. Gen. Stat. § 1A-1, Rule 56(c), summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” We find questions of material fact present in this case, and we reverse summary judgment.

Rule 56(c) permits summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law.

Whittington v. North Carolina Department of Human Resources · filed 1990-11-20Rule 56(c)

Under the rule, a party is entitled to summary judgment if it can establish through the pleadings and affidavits, that there is no genuine issue as to any material fact, that only issues of law remain and that it is entitled to judgment as a matter of law.

Rule 56(c) allows summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law; the court may determine whether a factual dispute exists but may not resolve it.

Suarez v. Food Lion, Inc. · filed 1990-12-04Rule 56(c)

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) (1983), a motion for summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact.

Rule 56 permits summary judgment on insurance coverage when the facts are undisputed and coverage is a question of law.

Bass v. North Carolina Farm Bureau Mutual Insurance · filed 1990-12-04Rule 56

For the purposes of this appeal, the facts are not disputed. Coverage under the insurance policy is thus a question of law and an appropriate matter for summary judgment under N.C. Gen. Stat. § 1A-1, Rule 56.

Rule 56 permits summary judgment when the evidence shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Wilder v. Hobson · filed 1990-12-18Rule 56

Summary judgment shall be rendered forthwith if the materials presented show 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. ... We hold that plaintiff has failed to present substantial evidence to create a genuine issue regarding the existence of a partnership or joint venture among defendants. Therefore, we hold that the trial court correctly granted defendants’ motions for summary judgment.

Summary judgment is proper only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Raritan River Steel Co. v. Cherry, Bekaert & Holland · filed 1990-12-18Rule 56(c)

Summary judgment is proper where there is no genuine issue of any material fact and the movant is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c).

Rule 56 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Commonwealth Land Title Insurance v. Stephenson · filed 1991-01-15Rule 56

Initially, we note that summary judgment should be granted when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. G.S. § 1A-1, Rule 56. ... In light of the present facts, our review of the forecasted evidence and the posture of current North Carolina law regarding the nature of encumbrances, we find that the trial court properly entered summary judgment for the defendants.

Rule 56 permits summary judgment when the moving party shows that no genuine issue of material fact requires a trial and that it is entitled to judgment as a matter of law.

Johnson v. Beverly-Hanks & Associates, Inc. · filed 1991-02-07Rule 56

It is well settled that a party moving for summary judgment is entitled to such judgment if the party can show, through pleadings, depositions, and affidavits, that there is no genuine issue of material fact requiring a trial and that the party is entitled to judgment as a matter of law.

Rule 56 does not permit summary judgment on an alimony arrearages claim when the parties’ intent about whether agreement provisions are dependent remains a factual issue.

Nisbet v. Nisbet · filed 1991-03-19Rule 56

Applying these rules of law to the case below, we find the trial court erred in granting summary judgment for plaintiff on her claim for arrearages for alimony. Defendant forecast evidence that plaintiff violated provisions of the agreement. The agreement is silent on the question of whether the provisions are dependent of each other.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Medlin v. Bass · filed 1990-12-05Rule 56(c)

Summary judgment is proper when "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show 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." N.C.G.S. § 1A-1, Rule 56(c) (1990). ... There thus was no genuine issue of material fact regarding defendant FCB's derivative liability under a respondeat superior theory, and summary judgment for defendant FCB was proper.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Bramlett v. Overnite Transport · filed 1991-03-05Rule 56

Summary judgment should be granted when the moving party can show that there is no genuine issue of material fact and that he is entitled to a judgment as a matter of law. G.S. § 1A-1, Rule 56.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Appalachian Outdoor Advertising Co. v. Town of Boone · filed 1991-07-16Rule 56(c)

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990), a motion for summary judgment may be granted “if the pleadings, depositions, . . ., together with the affidavits, if any, show 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.”

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Busby v. Simmons · filed 1991-08-06(c)

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990), summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact.

Rule 56(c) allows summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Mizell v. K-Mart Corp. · filed 1991-08-06(c)

Under G.S. 1A-1, Rule 56(c), defendant is entitled to summary judgment if the record shows "that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law."

Rule 56(c) permits summary judgment when the listed pleadings and other materials show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Yates v. Haley · filed 1991-08-06(c)

Under O.S. 1A-1, Rule 56(c) defendant is entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law.”

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Raritan River Steel Co. v. Cherry, Bekaert & Holland · filed 1991-08-14(c)

Summary judgment is only proper where there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c) (1990).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Isbey v. Cooper Companies, Inc. · filed 1991-08-20Rule 56(c)

It is well stated that summary judgment is properly granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Vulcan Materials Co., Inc. v. Iredell County · filed 1991-08-20Rule 56(c)

Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.”

Rule 56 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Anders v. Hyundai Motor America Corp. · filed 1991-09-03Rule 56

Summary judgment is appropriate only if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Toms v. Lawyers Mutual Liability Insurance · filed 1991-09-17Rule 56(c)

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... N.C. Gen. Stat. § 1A-1, Rule 56(c).

Summary judgment is improper when a genuine issue of material fact remains as to whether timely notice was received.

Janus Theatres of Burlington, Inc. v. Aragon · filed 1991-11-19

A genuine issue of material fact exists as to whether timely notice was received, and thus the trial court erred in granting summary judgment in favor of plaintiff.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Rose v. Steen Cleaning, Inc. · filed 1991-11-19Rule 56(c)

Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.

Rule 56(c) permits a court to enter summary judgment against the party that moved for summary judgment when appropriate.

Brooks v. Hackney · filed 1991-06-12(c)

Pursuant to Rule 56(c) of our Rules of Civil Procedure, "[s]ummary judgment, when appropriate, may be rendered against the moving party." N.C. G.S. § 1A-1, Rule 56(c) (1990).

Rule 56 generally does not require summary judgment orders to include detailed findings of fact, although findings may be included when they summarize undisputed facts supporting the judgment.

Noel Williams Masonry, Inc. v. Vision Contractors of Charlotte, Inc. · filed 1991-08-06Rule 56

Orders granting summary judgment under N.C. Gen. Stat. § 1A-1, Rule 56 (1990) do not normally contain detailed findings of fact.

Rule 56 does not apply to termination of parental rights proceedings under Article 24B of Chapter 7A.

Curtis v. Curtis · filed 1991-12-03Rule 56

Article 24 of Chapter 7A does not provide for a summary proceeding to determine whether the petitioner has proven the existence of one or more of the grounds for termination. N.C. Gen. Stat. § 1A-1, Rule 56 (1990) has no application here. Thus, we hold the trial court erred in granting petitioners’ motion for partial summary judgment.

Rule 56(c) requires summary judgment when the record shows no genuine dispute of material fact and a party is entitled to judgment as a matter of law.

Salt v. Applied Analytical, Inc. · filed 1991-12-17(c)

The question before the Court when reviewing a summary judgment motion is whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to a material fact and that a party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990); Meadows v. Cigar Supply Co., 91 N.C. App. 404, 371 S.E.2d 765 (1988).

Rule 56 permits summary judgment when no material factual issue exists and places the burden of establishing that absence on the moving party.

Mothershed v. Schrimsher · filed 1992-01-21

Summary judgment may be granted where there are no issues of material fact. N.C.G.S. § 1A-1, Rule 56 of the N.C. Rules of Civil Procedure. “The burden of establishing that there is no material factual issue to litigate and [that] summary judgment is appropriate is always upon the movant.”

Rule 56(c) permits a claim to survive summary judgment when the evidence raises a genuine issue of material fact.

Owens v. Pepsi Cola Bottling Co. · filed 1992-01-27(c)

We now examine the forecast of evidence in the light most favorable to plaintiff, the nonmoving party, to determine whether his claims — unfair practices, price-fixing and tortious interference with prospective economic advantage — survive summary judgment. We conclude that plaintiff has established the existence of a genuine issue of material fact as to each of his claims. His claims, therefore, survive summary judgment. N.C.G.S. § 1A-1, Rule 56(c) (1990).

Rule 56(c) permits summary judgment when the listed record materials show no genuine issue of material fact and a party is entitled to judgment as a matter of law.

City of High Shoals v. Vulcan Materials Co. · filed 1992-02-18(c)

Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.

Rule 56 permits summary judgment when no genuine issue of material fact exists and requires the opposing party to set forth specific facts showing a genuine issue for trial.

Waddle v. Sparks · filed 1992-03-05(c), (e)

Civil Procedure Rule 56 governs motions for summary judgment. Summary judgment is properly granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” N.C.G.S. § 1A-1, Rule 56(c) (1983).

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Howell v. Town of Carolina Beach · filed 1992-06-16

Summary judgment is proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56; Bolick v. Townsend Co., 94 N.C. App. 650, 381 S.E.2d 175, disc. rev. denied, 325 N.C. 545, 385 S.E.2d 495 (1989).

Rule 56(c) requires summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ira Ex Rel. Oppenheimer v. Brenner Companies, Inc. · filed 1992-07-21Rule 56(c)

Our standard of reviewing a trial court’s ruling on summary judgment is whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, indicate there is no genuine issue as to a material fact and that the moving party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990); Salt v. Applied Analytical, Inc., 104 N.C. App. 652, 412 S.E.2d 97 (1991), disc. review denied, 331 N.C. 119, 415 S.E.2d 200 (1992).

Rule 56 requires a summary judgment movant to show that the record presents no genuine issue of triable fact and that the movant is entitled to judgment as a matter of law.

McMurry v. Cochrane Furniture Co. · filed 1993-02-16Rule 56

On a motion for summary judgment, the movant must show that based upon the pleadings, discovery documents and affidavits, there are no genuine issues of triable fact and that he is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

North Carolina Farm Bureau Mutual Insurance v. Knudsen · filed 1993-02-16Rule 56(c)

Summary judgment is only appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c) (1990). There are no factual disputes involved in this declaratory judgment action. We agree with the trial court’s interpretation of the statutes and its conclusion that defendants are entitled to summary judgment.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Smith v. State Farm Fire & Casualty Co. · filed 1993-03-02Rule 56(c)

Summary judgment is appropriate only if there is no genuine issue of material fact to be decided and the movant is entitled to judgment as a matter .of law.

Rule 56(c) allows summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ryles v. Durham County Hosp. Corp., Inc. · filed 1992-09-15Rule 56(c)

Our standard for reviewing a summary judgment motion is whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, demonstrate there is no genuine issue as to a material fact and that the moving party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact.

Cowan v. Brian Center Management Corp. · filed 1993-04-06Rule 56(c)

Summary judgment is only appropriate where there are no genuine issues of material fact. N.C.G.S. § 1A-1, Rule 56(c) (1990). ... We agree with plaintiff that the evidence on file indicated the existence of genuine issues of material fact regarding gross negligence on the part of defendants.

Rule 56 precludes summary judgment when an ambiguous contract presents genuine issues of material fact.

Glover v. First Union National Bank of North Carolina · filed 1993-04-06Rule 56

We conclude that the merger agreement does not clearly establish plaintiff’s position and that genuine issues of material fact exist precluding summary judgment.

Rule 56 does not support summary judgment on a challenge to an impact fee when there is no evidence the fee was demanded and the plaintiffs did not seek declaratory relief.

Bogue Shores Homeowners Ass'n v. Town of Atlantic Beach · filed 1993-04-06

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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.” N.C.G.S. § 1A-1, Rule 56 (1990). ... Because plaintiffs do not challenge the right of defendant to charge —or to waive — an impact fee, because there is no evidence that defendant has demanded payment of the fee by plaintiffs, and because plaintiffs have not sought declaratory relief, that portion of the trial court’s order granting summary judgment in favor of plaintiffs is premature.

Rule 56 requires a party opposing supported summary judgment to show a genuine issue for trial rather than rely on the pleadings.

Jefferson-Pilot Life Insurance v. Spencer · filed 1993-05-18Rule 56

Summary judgment is appropriate if there are no genuine issues of material fact and any party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (1990). If the moving party presents evidence to negate an essential element of a claim, the non-moving party may not rest upon the allegations or denials in her pleadings, but must affirmatively take steps to show that there is a genuine issue for trial.

Rule 56 allows a defendant to meet its summary judgment burden by showing that an affirmative defense, such as an expired statute of limitations, bars the plaintiff’s claim.

Reece v. Homette Corp. · filed 1993-06-01

Defendant may meet its burden by showing that plaintiffs cannot surmount an affirmative defense, such as the expiration of the applicable statute of limitations, which would bar plaintiffs’ claim.

Rule 56 permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Courts v. Annie Penn Memorial Hospital, Inc. · filed 1993-07-20Rule 56

Summary judgment is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact so that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56. ... The evidence suggests that there was no genuine issue regarding the nature of Ms. Courts’ gift to the Hospital.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists.

State Ex Rel. State Art Museum Building Commission v. Travelers Indemnity Co. · filed 1993-08-03(c)

At the outset we note that summary judgment is only appropriate where there are no genuine issues of material fact. N.C.G.S. § 1A-1, Rule 56(c) (1990).

On a summary judgment motion, the court decides whether any material fact is disputed and whether a party is entitled to judgment as a matter of law.

UNCC Properties, Inc. v. Greene · filed 1993-08-03Rule 52(c)

Upon a motion for summary judgment, the trial court must decide whether there is any issue of material fact and whether any party is entitled to judgment as a matter of law.

Rule 56 permits summary judgment for a defendant when the plaintiff cannot overcome an affirmative defense or legal bar to the claim.

Hales v. North Carolina Insurance Guaranty Ass'n · filed 1993-09-07Rule 56

Also, a defendant is entitled to summary judgment if he can show that no claim for relief exists or that the plaintiff cannot overcome an affirmative defense or legal bar to a claim.

Rule 56(f) requires a party seeking a continuance of a summary judgment hearing to file affidavits detailing the facts that justify the request.

Berkeley Federal Savings & Loan Ass'n v. Terra Del Sol, Inc. · filed 1993-09-07Rule 56(f)

Moreover, defendants did not file any affidavits detailing the facts necessary to justify their request for a continuance as required by G.S. §' 1A-1, Rule 56(f).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Gardner v. Gardner · filed 1993-10-08Rule 56(c)

Summary judgment can be sustained only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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." N.C.G.S. § 1A-1, Rule 56(c) (1990).