N.C. Gen. Stat. § 1A-1

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

Nationwide Mutual Insurance v. Public Service Co. · filed 1993-10-19(c)

A trial court properly enters summary judgment when it determines that there is no genuine issue of material fact and that one party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990).

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.

Alt v. Parker · filed 1993-10-19Rule 56(c)

Under Rule 56 of the N.C. Rules of Civil Procedure, 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) (1990). Defendants were thus entitled to summary judgment if they could establish either the nonexistence of an essential element of plaintiff’s claim or show that plaintiff could not produce evidence of an essential element of his claim.

Summary judgment is appropriate when there is no genuine issue as to any material fact.

State Ex Rel. Utilities Commission v. Empire Power Co. · filed 1993-10-19Rule 56(a)

Although the determination of public convenience and necessity is essentially a factual inquiry, summary judgment is appropriate when there is no genuine issue as to any material fact. N.C. Gen. Stat. § 1A-1, Rule 56(a) (1990).

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.

Vance v. WILEY T. BOOTH, INC. · filed 1993-11-16(c)

Summary judgment is appropriate when there are no genuine issues of material fact and a party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c) (1990).

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

Taylor v. Ashburn · filed 1993-11-16(c)

To succeed in a summary judgment motion, the movant has the burden of showing, based on pleadings, depositions, answers, admissions, and affidavits, that there is no genuine issue of material fact and that the movant 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.

Wilkinson v. SRW/Cary Associates · filed 1993-12-07(c)

Summary judgment is proper where 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, Rule 56(c).

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

Malone v. Topsail Area Jaycees, Inc. · filed 1994-02-01Rule 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), and we find none here.

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 movant bears the burden of showing no triable factual issue.

Varner v. Bryan · filed 1994-03-01(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 a judgment as a matter of law.” The party moving for summary judgment has the burden of establishing a lack of any triable issue of fact.

Rule 56(c) requires a party seeking summary judgment to show from specified evidentiary materials that no genuine issue of material fact exists and that the party is entitled to judgment as a matter of law.

McKeithan v. CSX Transportation, Inc. · filed 1994-03-01Rule 56(c)

A party seeking summary judgment has the burden of showing, based on pleadings, depositions, answers, admissions, and affidavits, 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(c) (1990).

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.

Department of Transportation v. Idol · filed 1994-03-15Rule 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 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.

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.

Adams v. Jones · filed 1994-04-05

The trial court properly granted partial summary judgment in favor of plaintiffs because, on the basis of the materials presented to the trial court, there existed no genuine issues of material fact, and plaintiffs were entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 of the Rules of Civil Procedure.

Rule 56 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.

Powell v. S & G PRESTRESS CO. · filed 1994-04-19Rule 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 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.

Rule 56 permits summary judgment when the opposing party has not shown sufficient evidence of a genuine issue of material fact.

Williams v. Paley · filed 1994-05-03Rule 56

After carefully scrutinizing the evidence forecast by defendants, we hold that defendants have failed to set forth sufficient evidence to raise a genuine issue of material fact as to the existence of any of the conditions upon which the restrictive covenants terminate.

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.

Tharrington v. Sturdivant Life Insurance Co. · filed 1994-06-07(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 a judgment as a matter of law.”

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.

Lavelle v. GUILFORD CTY. AREA MENTAL ILL. · filed 1994-06-07Rule 56(c)

Summary judgment shall "be rendered forthwith 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) (1990).

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

State Farm Mutual Automobile Insurance Co. v. Young · filed 1994-06-07Rule 56(c)

Summary judgment should be granted when the materials before the court establish 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).

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.

Lavelle v. Guilford County Area Mental Illness, Mental Retardation & Substance Abuse Authority · filed 1994-06-07Rule 56(c)

Summary judgment shall “be rendered forthwith 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) (1990).

Rule 56 permits summary judgment only when there is no genuine issue as to any material fact.

Hales v. North Carolina Insurance Guaranty Ass'n · filed 1994-07-29

Summary judgment is appropriate only where there is no genuine issue as to any material fact. Mozingo v. Pitt County Memorial Hospital, 331 N.C. 182, 187, 415 S.E.2d 341, 344 (1992); see also N.C.G.S. § 1A-1, Rule 56 (1990).

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.

Felts v. Hoskins · filed 1994-08-02(c)

Our standard of reviewing the entry of summary judgment is whether the pleadings, depositions, answers to interrogatories, along with other discovery material and any affidavits, show 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); Meadows v. Cigar Supply Co., 91 N.C. App. 404, 371 S.E.2d 765 (1988).

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.

Canady v. McLeod · filed 1994-08-16(c)

A trial court may grant a motion for summary judgment only when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990); ... Where a case involves either (1) a claim or defense which is utterly baseless in fact or (2) a controversy on a question of law on indisputable facts not needing the full exposure of trial, summary judgment is appropriate.

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.

Adams v. Beard Development Corp. · filed 1994-08-16(c)

A trial judge may grant a motion for summary judgment only when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990); Hagler v. Hagler, 319 N.C. 287, 289, 354 S.E.2d 228, 231 (1987).

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.

Jordan Ex Rel. Winston v. Foust Oil Co. · filed 1994-09-06Rule 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. Gen. Stat. § 1A-1, Rule 56(c) (1990).

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.

City of Wilmington v. North Carolina Natural Gas Corp. · filed 1994-12-06Rule 56(c)

A court grants a motion for summary judgment when “the evidence before the court demonstrates that there is no genuine issue as to any material fact and that a party is entitled to a judgment as a matter of law.”

Rule 56 makes summary judgment inappropriate when a genuine issue of material fact exists about a party’s intent.

Dunes South Homeowners Ass'n, Inc. v. First Flight Builders, Inc. · filed 1994-12-20Rule 56

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 (1990). ... Because a genuine issue of material fact exists with respect to defendant's intention, summary judgment was not appropriate.

Rule 56(c) requires denial of summary judgment when the nonmovant’s evidence could support a jury finding on a material issue.

Smith v. Phillips · filed 1994-12-20Rule 56(c)

We conclude that plaintiff’s forecast of evidence was sufficient to support a finding by the jury that the Avery County jailers were on notice that the decedent posed a threat to himself and the trial court properly denied summary judgment on that ground.

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

State ex rel. Cobey v. Cook · filed 1995-02-21Rule 56(c)

Defendant’s affidavit in opposition to the motion for summary judgment fails to raise genuine issues of material facts and plaintiff was entitled as a matter of law to the relief 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.

Taylor v. Brinkman · filed 1995-02-21(c)

Rule 56 of the North Carolina Rules of Civil Procedure 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 a judgment as a matter of law.”

A defendant seeking summary judgment must clearly show that no genuine issue of material fact exists and that the defendant is entitled to judgment as a matter of law.

James v. Clark · filed 1995-03-21Rule 56(c)

A defendant who moves for summary judgment assumes the burden of positively and clearly showing that there is no genuine issue as to any material fact and that he or she is entitled to judgment as a matter of law.

Rule 56(e) requires specific supporting facts; bare allegations of discrepancies do not establish a genuine issue for trial.

Townsend v. Board of Educ. of Robeson County · filed 1995-03-21Rule 56(e)

Mere allegations of discrepancies without specific supporting facts do not demonstrate the existence of a genuine issue for trial.

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

Top Line Construction Co. v. J.W. Cook & Sons, Inc. · filed 1995-04-04Rule 56

Summary judgment should only be granted when the pleadings, affidavits and other evidentiary materials presented to the trial court 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.

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

Averitt v. Rozier · filed 1995-06-06Rule 56

Summary judgment is appropriate where the pleadings and affidavits show there is no genuine issue of 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 the moving party is entitled to judgment as a matter of law.

Farrelly v. Square · filed 1995-07-18Rule 56(c)

Summary judgment is properly granted where the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits show 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) (1990). ... Plaintiff has failed to forecast sufficient evidence of the essential elements of his claim. The trial court properly granted summary judgment for defendant.

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.

Tellado v. Ti-Caro Corp. · filed 1995-07-18Rule 56(c)

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

Summary judgment requires the moving party to show that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.

Medicare Rentals, Inc. v. Advanced Services · filed 1995-08-15Rule 56(c)

Summary judgment 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 a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 66(c) (1990).

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.

Whitford v. Gaskill · filed 1995-08-15Rule 56(c)

Summary judgment is properly granted where the pleadings, depositions, answers to interrogatories, and admissions on file, and through affidavits show that there is no genuine issue of 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).

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.

Howard v. Jackson · filed 1995-09-19Rule 56

Summary judgment is the device used to render judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show 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 in a negligence action when the plaintiff’s evidence fails to raise a genuine issue of fact on proximate cause.

Lavelle v. Schultz · filed 1995-11-21Rule 56

Pursuant to Rule 56, of the North Carolina Rules of Civil Procedure, a moving party is entitled to summary judgment if there are no genuine issues of material fact and the party is entitled to judgment as a matter of law. ... These statements are conclusory and fail to point to specific facts sufficient to support each element of negligence, particularly with regard to the issue of proximate cause. ... In sum, absent evidence of proximate cause, the trial court properly granted summary judgment in favor of each defendant.

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.

Cassell v. Collins · filed 1995-11-21Rule 56

Thus, summary judgment for ASI is improper and must be reversed. See N.C.G.S. § 1A-1, Rule 56 (1990) (summary judgment appropriate only if no genuine issue of material fact and movant entitled to judgment as matter of law).

Rule 56(c) requires a defendant moving for summary judgment to establish that no genuine issue of material fact exists and that the defendant is entitled to judgment as a matter of law.

Crawford v. Boyette · filed 1995-12-05Rule 56(c)

A defendant who moves for summary judgment bears the burden of establishing that there is no genuine issue as to any material fact and that defendant 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.

Carolina Water Service, Inc. of North Carolina v. Town of Atlantic Beach · filed 1995-12-05Rule 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.”

Rule 56(c) allows summary judgment only 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 burden, and the facts are viewed favorably to the opposing party.

Alamance County Board of Education v. Bobby Murray Chevrolet, Inc. · filed 1996-01-02Rule 56(c)

Summary judgment should be granted only 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) (1990). The burden of establishing the lack of a triable issue rests with the moving party, and the facts will be viewed in a light most favorable to the non-moving party.

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.

Nifong v. C. C. Mangum, Inc. · filed 1996-03-05Rule 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 only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Kelly v. Parkdale Mills, Inc. · filed 1996-03-05Rule 56(c)

A trial court may grant a motion for summary judgment only when there is no genuine issue as to any material fact, and the movant is entitled to 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.

Ruff v. Reeves Bros., Inc. · filed 1996-04-16Rule 56(c)

Summary judgment is properly granted under North Carolina General Statutes section 1A-1, Rule 56(c) when the pleadings, depositions, answers to interrogatories, and admissions on file, along with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party to the action is entitled to a judgment as a matter of law. ... We find that plaintiffs evidence does create a genuine issue of material fact as to whether defendant Martin’s behavior was so extreme or outrageous, so as to result in serious emotional harm.

Rule 56(c) allows 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.

Young v. Lomax · filed 1996-05-07Rule 56(c)

We first note that 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 a judgment as a matter of law.” G.S. 1A-1, Rule 56(c); Snipes v. Jackson, 69 N.C. App. 64, 71-72, 316 S.E.2d 657, 661, disc. review denied and appeal dismissed, 312 N.C. 85, 321 S.E.2d 899 (1984).

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

Presbyterian-Orthopaedic Hospital v. North Carolina Department of Human Resources · filed 1996-06-04Rule 56(c)

Summary judgment is only appropriate when no genuine issues of material fact exist. G.S. 1A-1, Rule 56(c).

Under Rule 12, a motion is converted into a motion for summary judgment when the trial court considers matters outside the pleadings.

N.C. Steel, Inc. v. National Council on Compensation Insurance · filed 1996-07-16Rule 12

When a trial court considers matters outside the pleadings, a motion under Rule 12 is automatically converted into a motion for summary judgment.

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.

Naegele Outdoor Advertising, Inc. v. Hunt · filed 1995-12-19Rule 56(c)

We note at the outset that the standard of review for a summary judgment motion is whether the pleadings, depositions, answers to interrogatories, and submitted affidavits show there is no genuine issue as to a material fact and the moving party is entitled to judgment as a matter of law.

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

Gibson v. Mutual Life Insurance Co. of New York · filed 1996-01-02Rule 56

A trial court may grant a motion for summary judgment only when there is no genuine issue as to any material fact, and the movant 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 moving party is entitled to judgment as a matter of law.

Rose v. Isenhour Brick & Tile Co., Inc. · filed 1996-07-31Rule 56(c)

Based on the forecast of evidence in this case, we agree with the Court of Appeals that after drawing all inferences of fact in favor of the plaintiff, no genuine issues of material fact exist and that the defendant is entitled to judgment as a matter of law. Therefore, we conclude that summary judgment was properly entered in favor of the defendant.

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.

Parker v. Erixon · filed 1996-08-06Rule 56(c)

Summary judgment is granted by the trial court when there are no genuine issues as to material facts and where the moving party is entitled to judgment as a matter of law.

Summary judgment is proper when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

G. Adrian Stanley & Associates, Inc. v. Risk & Insurance Brokerage Corp. · filed 1996-08-06Rule 56(c)

A motion for summary judgment should be granted if the pleadings, deposition, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue of material fact for trial and that the moving party is entitled to judgment as a matter of law.

Rule 56(f) permits a court to grant summary judgment in its discretion even when discovery is incomplete.

Young Ex Rel. Young v. Fun Services-Carolina, Inc. · filed 1996-04-02Rule 56(f)

Assuming arguendo that discovery was not complete, the court below was permitted to grant summary judgment in its discretion.

A party seeking summary judgment based on an affirmative defense must show that the defense leaves no triable issue of fact.

Monk v. Cowan Transportation, Inc. · filed 1996-02-20Rule 56(c)

The burden is upon the party moving for summary judgment to show that no triable issue of fact exists, which he may meet by showing that the opposing party’s claim is barred by an affirmative defense which cannot be overcome. ... Thus, defendants have failed to satisfy their burden to establish plaintiff’s contributory negligence as a matter of law. Therefore, it was error for the trial court to grant defendants’ motion for summary judgment.

Rule 56 permits an unpleaded affirmative defense raised at a summary judgment hearing to be treated as part of the pleadings.

L & S LEASING, INC. v. City of Winston-Salem · filed 1996-06-04Rule 56

However, even if the defenses should have been affirmatively stated in defendant’s answer, this Court has held that “the nature of summary judgment procedure (G.S. 1A-1, Rule 56), coupled with our generally liberal rules relating to amendment of pleadings, require that unpleaded affirmative defenses be deemed part of the pleadings where such defenses are raised in a hearing on motion for summary judgment.” ... Thus, the trial court properly considered the defenses raised by defendant at the summary judgment hearing.

Rule 56(c) does not permit summary judgment when genuine issues of material fact remain, including facts relevant to equitable relief.

Roberts v. Madison County Realtors Ass'n · filed 1996-09-06Rule 56(c)

However, such a conclusion is improper at the summary judgment stage. Summary judgment shall be rendered if “there is no genuine issue as to any material fact and . . . any party is entitled to a judgment as a matter of law.” N.C.G.S. § 1A-1, Rule 56(c) (1990). As the Court of Appeals majority and dissenting opinions agreed, plaintiff presented to the trial court genuine issues of material fact about whether defendants violated his rights as a member and a shareholder of defendant Association by following merger procedures that violated the Nonprofit Corporation Act, the articles of incorporation, and the bylaws and that constituted a breach of fiduciary duty. This is sufficient for the case to survive the summary judgment stage.

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; the evidence must be viewed in the light most favorable to the nonmoving party.

J.M. Smith Corp. v. Matthews · filed 1996-09-17Rule 56(c)

A motion for summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. In passing upon a motion for summary judgment, the court must view the evidence presented by both parties in the light most favorable to the nonmoving party.

Summary judgment requires no genuine issue of material fact and entitlement to judgment as a matter of law.

Moore v. Evans · filed 1996-10-15Rule 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 a judgment as a matter of law." N.C.Gen. Stat. § 1A-1, Rule 56(c)(1990). ... After close examination of the record, we find that there is indeed genuine issue of material fact as to whether defendant Evans had probable cause to arrest Mr. Moore.

Rule 56 permits summary judgment when the opposing materials raise no issue of fact and the moving party is entitled to judgment.

City of Roanoke Rapids v. Peedin · filed 1996-12-03Rule 56

None of the materials offered by defendants raised an issue of fact as to any health-related basis for the disparate treatment of similarly situated commercial establishments. Allowance of defendants’ summary judgment motion was thus improper and summary judgment should have been entered in favor of plaintiffs.

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.

Jenkins v. Lake Montonia Club, Inc. · filed 1997-01-07Rule 56(c)

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

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

Daniel v. City of Morganton · filed 1997-01-07Rule 56(c)

Summary judgment should be granted 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. Gen. Stat. § 1A-1, Rule 56(c) (1990).

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.

Moore v. City of Creedmoor · filed 1997-02-10Rule 56(c)

As we have previously stated, summary judgment is appropriate only if “there is no genuine issue as to any material fact.” N.C.G.S. § 1A-1, Rule 56(c). Based on the evidence presented, the issue of whether defendants retaliated against plaintiffs by shutting down their business because Mr. Moore had exercised his freedom of speech is a factual issue which should be determined by a jury.

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.

Commissioner of Labor of North Carolina v. House of Raeford Farms, Inc. · filed 1996-11-05Rule 56(c)

Summary judgment is appropriately granted pursuant to North Carolina General Statutes section 1A-1, Rule 56(c) when 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 any party to the action is entitled to a judgment as a matter of law.

Rule 56 requires courts to view the record in the light most favorable to the nonmoving party and permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Royal Insurance Co. of America v. Cato Corp. · filed 1997-03-04Rule 56

When considering a motion for summary judgment, the trial court is required to view the pleadings, affidavits and discovery materials in the light most favorable to the non-moving party to determine whether any genuine issues of material fact exist and, if there are none, whether the moving party is entitled to judgment as a matter of law.

Rule 56 requires courts to view the record in the light most favorable to the non-moving party and permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Harry's Cadillac-Pontiac-GMC Truck Co., Inc. v. Motors Ins. Corp. · filed 1997-07-01Rule 56

When considering a motion for summary judgment, the trial court is required to view the pleadings, affidavits, and discovery materials in the light most favorable to the non-moving party to determine whether any genuine issues of material fact exist and, if there are none, whether the moving party is entitled to judgment as a matter of law.

Rule 56 allows summary judgment only when the record shows 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 no triable issue.

Jennings Communications Corp. v. PCG of the Golden Strand, Inc. · filed 1997-07-01Rule 56

“Summary judgment is a device whereby judgment is rendered 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 the party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56. The party moving for summary judgment has the burden of clearly establishing a lack of any triable issue of fact by the record proper before the court.

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.

Phelps v. Spivey · filed 1997-07-01Rule 56(c)

There is no genuine issue of material fact, and defendant Spivey is entitled to judgment as a matter of law.

Rule 56(c) does not permit summary judgment on contributory negligence when the evidence leaves a genuine issue of fact about whether the plaintiff acted reasonably.

Nicholson v. American Safety Utility Corp. · filed 1997-07-24Rule 56(c)

Therefore, an issue of fact exists as to the reasonableness of plaintiffs conduct under the circumstances. Thus, the grant of summary judgment on the issue of plaintiffs contributory negligence was improper.

Rule 56(c) permits summary judgment when the facts are undisputed and only their legal significance is contested.

Lewis v. City of Kinston · filed 1997-08-05Rule 56(c)

Here, there is no controversy with respect to the facts in evidence; the controversy exists with respect to the legal significance of those facts. The present case is, therefore, a proper case for summary judgment determining the validity and enforceability of City Code Section 2-137(b) of the City of Kinston.

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

Wake County Hospital System, Inc. v. Safety National Casualty Corp. · filed 1997-08-05Rule 56

A party moving for summary judgment must establish that there is no genuine issue of material fact and that the party is entitled to judgment as a matter of law. ... Thus, defendant has met the burden of establishing that there is no genuine issue of material fact and, accordingly, defendant’s motion for summary judgment on plaintiff’s breach of contract claim was properly allowed.

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.

North Carolina Farm Bureau Mutual Insurance v. Briley · filed 1997-10-07Rule 56

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. ... Defendants thus met their burden of showing they were entitled to judgment as a matter of law, and the trial court did not err in the entry of its 2 October 1995 order.

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.

Lorbacher v. Housing Authority of Raleigh · filed 1997-11-18Rule 56(c)

Summary judgment is appropriate when then there is no genuine issue of material fact and the moving party is entitled to 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.

Wooten v. Town of Topsail Beach · filed 1997-11-18Rule 56(c)

Therefore, there is no genuine issue of material fact and plaintiff is entitled to 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.

Dwyer v. Margono · filed 1997-12-16Rule 56(c)

Summary judgment should be granted only 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 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.

Briggs v. Rankin · filed 1997-10-07Rule 56(c)

At the outset, we first note that 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 a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990); Snipes v. Jackson, 69 N.C. App. 64, 71-72, 316 S.E.2d 657, 661, disc. review denied and appeal dismissed, 312 N.C. 85, 321 S.E.2d 899 (1984).

Summary judgment is inappropriate when the movant’s interest in the outcome and peculiar knowledge of material facts put credibility in issue.

State Farm Life Insurance v. Allison · filed 1997-12-02Rule 56(c)

Therefore, because appellee is interested in the outcome of the case and the facts surrounding Mr. Allison’s death are peculiarly within her knowledge, summary judgment is inappropriate.

Rule 56(c) permits summary judgment on an issue when the record presents no genuine issue of material fact about it.

Coastal Leasing Corp. v. T-BAR S CORP. · filed 1998-01-20Rule 56(c)

Therefore, since there is no evidence that plaintiff exercised a superior bargaining position in the negotiation of the liquidated damages clause, no genuine issue of material fact exists as to its reasonableness, and the trial court did not err by enforcing its provisions.

Rule 56 summary judgment does not resolve whether a defendant should appear as a named or unnamed party.

Duncan v. Bryant · filed 1998-04-07Rule 56

Even if the trial court had agreed with defendant Nationwide’s argument that it is entitled to appear as an unnamed defendant, summary judgment on that basis would have been inappropriate since the motion presented only the question of whether genuine issues of material fact exist.

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; material disputes over intent or motive generally preclude it.

Robinson, Bradshaw & Hinson, P.A. v. Smith · filed 1998-04-30Rule 56(c)

A motion for summary judgment should be granted if, and 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. Gen. Stat. § 1A-1, Rule 56(c) (1990). ... In the instant case, Mr. Smith’s intent and motive are essential elements of the tortious interference with contract claim. Thus, the entry of summary judgment in Mr. Smith’s favor was erroneous.

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.

Massey v. Duke University · filed 1998-08-04Rule 56(c)

Summary judgment is to 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.”

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.

Furr v. Fonville Morisey Realty, Inc. · filed 1998-08-18Rule 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(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.

Polaroid Corp. v. Offerman · filed 1998-01-20Rule 56(c)

A motion for summary judgment should be granted if, and 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. Gen. Stat. § 1A-1, Rule 56(c) (Cum. Supp. 1996). ... Thus, we reverse and remand this case for entry of an order granting summary judgment for Polaroid.

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.

Williams v. Alexander County Board of Education · filed 1998-02-17Rule 56

Summary judgment is properly entered when the pleadings, depositions, answers to interrogatories, admissions and affidavits demonstrate the absence of any genuine issue of material fact, and that the movant 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.

Tinch v. Video Industrial Services, Inc. · filed 1998-03-17Rule 56(c)

Summary judgment is appropriate 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. Gen. Stat. § 1A-1, Rule 56(c) (1990).

Rule 56(c) permits summary judgment in a declaratory judgment action when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law, including judgment for the non-moving party.

MGM Transport Corp. v. Cain · filed 1998-01-20Rule 56(c)

Summary judgment is appropriate in a declaratory judgment action where there is no genuine issue of material fact and either party is entitled to judgment as a matter of law, and may be rendered against the non-moving party.

Rule 56(c) permits summary judgment when the movant shows that an essential element of the opposing claim is absent or no genuine issue of material fact exists.

Vera v. Five Crow Promotions, Inc. · filed 1998-09-01Rule 56(c)

Summary judgment is properly granted where the movant shows that an essential element of the opposing party’s claim is nonexistent or that no genuine issue of material fact exists.

Rule 56(c) permits summary judgment when disputed facts are immaterial and the movant is entitled to judgment as a matter of law.

Wuchte v. McNeil · filed 1998-09-15Rule 56(c)

Summary judgment is properly granted where the movant shows that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990). In the present case, plaintiff contends that there is a dispute regarding the events leading up to his dismissal. In light of our resolution of this case, these disputed facts are not material.

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.

Kephart Ex Rel. Tutwiler v. Pendergraph · filed 1998-12-15Rule 56

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

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.

Evans v. Cowan · filed 1999-01-05Rule 56

Summary judgment is properly entered when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and that the movant is entitled to judgment 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.

Harvell v. North Carolina Ass'n of Educators, Inc. · filed 1999-01-19Rule 56(c)

Therefore, since there is no genuine issue of material fact, the trial court properly granted defendant’s motion for summary judgment.

Rule 56 permits summary judgment in a condemnation appeal heard de novo as a civil matter.

Transcontinental Gas Pipe Line Corp. v. Calco Enterprises · filed 1999-02-16Rule 56

Because the appeal comes before the trial court as a civil matter de novo, Rule 56 of the North Carolina Rules of Civil Procedure permits 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.

Falk Integrated Technologies, Inc. v. Stack · filed 1999-04-06Rule 56(c)

Summary judgment is appropriately 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.

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.

Parish v. Hill · filed 1999-04-09Rule 56(c)

At the outset, we note that it is proper for a trial court to grant summary judgment for the moving party “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).

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.

Marcus Bros. Textiles, Inc. v. Price Waterhouse, LLP · filed 1999-04-09Rule 56(c)

It is well settled that 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 a judgment as a matter of law." N.C.G.S. § 1A-1, Rule 56(c) (1990) (emphasis added).

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.

Sweat v. Brunswick Electric Membership Corp. · filed 1999-04-20Rule 56(c)

A motion for 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 judgment as a matter of law.” ... Since there is no genuine issue of material fact, the trial court properly granted defendant’s motion for summary judgment.

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

Bruce-Terminix Company v. Zurich Ins. Co. · filed 1998-09-15Rule 56(c)

The court should grant summary judgment 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. Gen. Stat. §1A-1, Rule 56(c) (1990).

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

Centura Bank v. Executive Leather, Inc. · filed 1999-04-06Rule 56(c)

Summary judgment is appropriate when the pleadings, depositions, affidavits, answers to interrogatories, admissions and other evidence establish the absence of any genuine issue of material fact and the moving party’s entitlement to judgment as a matter of law. ... The trial court, therefore, was correct in concluding that the evidence presented no genuine issue of material fact and that Centura was entitled to judgment as a matter of law.

Rule 56 permits summary judgment when the plaintiff cannot produce evidence supporting an essential element of the claim.

Liller v. Quick Stop Food Mart, Inc. · filed 1998-12-15Rule 56

Taken in context with these latter factors, Witter’s conclusory statement without factual support was insufficient to raise a genuine issue of material fact as to the proximate cause element of plaintiff’s negligence claim.

Rule 56(c) permits summary judgment despite a factual dispute when immunity makes the disputed fact immaterial.

Price v. Davis · filed 1999-03-16Rule 56(c)

In light of defendants’ immunity from suit, any issue of fact which may exist in this case concerning plaintiffs reliance upon the Department of Correction “Inmate Booklet” is not material. The order denying defendants’ motion for summary judgment is reversed and this case is remanded to the Superior Court of Northampton County for entry of summary judgment in favor of defendants.

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, and places the burden on the movant.

Lilley v. Blue Ridge Electric Membership Corp. · filed 1999-05-18Rule 56

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56 (1990); ... A summary judgment movant bears the burden of showing that ... (3) plaintiff cannot surmount an affirmative defense raised in bar of its claim.

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.

Massengill v. Duke University Medical Center · filed 1999-05-18(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 judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990).

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

Camp v. Leonard · filed 1999-06-15(c)

It may 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. Gen. Stat. § 1A-1, Rule 56(c) (1990).

Rule 56(c) does not permit summary judgment when a genuine issue of material fact exists.

Lorinovich v. K Mart Corp. · filed 1999-07-06(c)

There is a genuine issue of material fact regarding Plaintiff’s contributory negligence. Whether a reasonable person under the circumstances would have waited until she obtained assistance from Defendant’s personnel or asked for assistance from a fellow shopper are questions for the jury in this case. Accordingly, summary judgment was not proper and must be reversed. N.C.G.S. § 1A-1, Rule 56(c) (1990).

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

Freeman v. Sugar Mountain Resort, Inc. · filed 1999-07-06

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant 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.

North Carolina Farm Bureau Mutual Insurance v. Weaver · filed 1999-07-20(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 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.

Schmidt v. Breeden · filed 1999-07-20(c)

Summary judgment is appropriately 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. 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 a party is entitled to judgment as a matter of law.

Key v. Burchette · filed 1999-07-20(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 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.

Sanders v. American Spirit Insurance · filed 1999-10-05(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 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.

G.E. Capital Mortgage Services, Inc. v. Neely · filed 1999-10-05(c)

Pursuant to Rule 56 of the North Carolina Rules of Civil Procedure, a party 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 of 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) (1990) (emphasis added).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and places the burden on the moving party to establish that absence.

Norris v. Zambito · filed 1999-10-1956(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) (1990). The burden of establishing the absence of any genuine issue of material fact is on the moving party, and the evidence presented should be viewed 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 party is entitled to judgment as a matter of law.

Hardy v. Moore County · filed 1999-05-18Rule 56(c)

Summary judgment is proper when there is no genuine issue of material fact and the party is entitled to judgment as a matter of law. Daughtry v. McLamb, ___ N.C.App. ___, 512 S.E.2d 91 (1999); see N.C. Gen. Stat. § 1A-1, Rule 56(c)(1990).

Rule 26(d) permits a court to hear a summary judgment motion despite pending discovery after the discovery deadline passes without an extension.

Dobson v. Harris · filed 1999-08-17Rule 26(d)

Under Rule 26, her failure to seek an extension under the local rules fixed the date (120 days after 9 January 1998) after which pendency of discovery “would not be allowed to delay trial or any other proceeding before the court . . . .” N.C. Gen. Stat. § 1A-1, Rule 26(d) (1990). We therefore hold that the trial court did not abuse its discretion when it heard defendants’ motion for summary judgment, even though discovery was still pending.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the remaining issue is a question of law.

Town of Spencer v. Town of East Spencer · filed 1999-12-03Rule 56(c)

The evidence before the trial court presented "no genuine issue as to any material fact," N.C.G.S. § 1A-1, Rule 56(c) (1990), but presented purely a question of law as to the validity of East Spencer's resolution of intent. For the reasons set forth above, that resolution was invalid, thereby establishing Spencer's 8 October 1996 resolution of intent as the first valid resolution to effect jurisdiction. The trial court thus properly entered summary judgment for plaintiff Spencer, and the Court of Appeals erred in reversing the ruling.

Rule 56(d) permits partial summary judgment to simplify cases by resolving issues ripe for summary judgment.

Westpoint Stevens, Inc. v. Panda-Rosemary Corp. · filed 1999-12-16(d)

North Carolina courts recognize the use of partial summary judgment under Rule 56(d) of the North Carolina Rules of Civil Procedure to simplify cases by disposing of those issues ripe 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.

Lexington Insurance v. Tires Into Recycled Energy & Supplies, Inc. · filed 1999-12-21(c)

Summary judgment is appropriate 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. Gen. Stat. § 1A-1, Rule 56(c).

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.

Howell v. Sykes · filed 2000-01-18Rule 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) (1990).

Rule 56(c) sets the summary-judgment standard and assigns burdens to the moving and opposing parties.

Barker v. Kimberly-Clark Corp. · filed 2000-02-01(c)

Summary judgment is proper when there is no genuine issue as to any material fact and any party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (Cum. Supp. 1998); ... Defendant, as the moving party, bears the burden of showing that no triable issue exists. ... Once a defendant has met that burden, the plaintiff must forecast evidence tending to show a prima facie case exists.

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.

Anderson v. Demolition Dynamics, Inc. · filed 2000-02-15(c)

Summary judgment is appropriately granted 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.

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

Murakami v. Wilmington Star News, Inc. · filed 2000-04-04(c)

Summary judgment is appropriate when the pleadings, depositions, affidavits, and other evidentiary materials demonstrate the absence of any triable issue of fact and the moving party’s right to judgment as a matter of law.

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.

Green v. Dixon · filed 2000-04-04Rule 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 a judgment as a matter of law."

Rule 56(c) requires 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, and the movant bears the burden of establishing no triable issue.

Simmons v. Chemol Corp. · filed 2000-04-04(c)

Summary judgment should be granted 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. Gen. Stat. § 1A-1 Rule 56(c) (1999). The party moving for summary judgment bears the burden of establishing the lack of any triable issue and may meet this burden by (1) proving that an essential element of the opposing party’s claim is nonexistent; (2) showing through discovery that the opposing party cannot produce evidence to support an essential element; or (3) showing that the opposing party cannot surmount an affirmative defense.

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.

Davis v. J.M.X., Inc. · filed 2000-04-04(c)

Summary judgment is proper when there is no genuine issue as to any material fact and any party is entitled to judgment as a matter of law.

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

Miller Ex Rel. Bailey v. Piedmont Steam Co. · filed 2000-04-18(c)

Summary judgment is proper where there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999).

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

Associates Financial Services of America, Inc. v. North Carolina Farm Bureau Mutual Insurance · filed 2000-04-18Rule 56(c)

The pleadings and affidavits do not raise any genuine issue of material fact regarding whether Plaintiff was entitled to notice of expiration of the policy, and Defendant is entitled to judgment as a matter of law. Accordingly, the trial court properly granted Defendant’s motion for summary judgment and denied Plaintiff’s motion for summary judgment. See N.C.G.S. § 1A-1, Rule 56(c) (1999).

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.

May v. City of Durham · filed 2000-02-15Rule 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c).

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.

Fordham v. Eason · filed 1999-12-03Rule 56(c)

Summary judgment is appropriate 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).

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

Cucina v. City of Jacksonville · filed 2000-05-16(c)

A motion for summary judgment is properly granted 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) (1999).

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.

North Carolina Farm Bureau Mutual Insurance v. Mizell · filed 2000-06-20(c)

Summary judgment should be granted 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. Gen. Stat. § 1A-1 Rule 56(c) (1999).

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.

Lynn v. Burnette · filed 2000-06-20Rule 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 summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Parrish v. Hayworth · filed 2000-07-05Rule 56(c)

Summary judgment is proper when there is no genuine issue as to any material fact and any party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999); Coastal Leasing Corp. v. T-Bar Corp., 128 N.C. App. 379, 496 S.E.2d 795 (1998).

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.

Whitman v. Kiger · filed 2000-07-18(c)

Summary judgment is appropriate 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."

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

Robinson, Bradshaw & Hinson, P.A. v. Smith · filed 2000-07-18Rule 56(c)

A motion for summary judgment is properly granted 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) (1999) (Rule 56(c)).

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.

Multifamily Mortgage Trust 1996-1 v. Century Oaks Ltd. · filed 2000-07-18Rule 56(c)

Summary judgment should be granted 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. Gen. Stat. § 1A-1 Rule 56(c) (1999).

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.

Eastover Ridge, L.L.C v. Metric Constructors, Inc. · filed 2000-08-01Rule 56(c)

Summary judgment is proper when there is no genuine issue as to any material fact and any party is entitled to 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.

Allsup v. McVille, Inc. · filed 2000-08-01(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 ... judgment as a matter of law." N.C. Gen.Stat. § 1A-1, Rule 56(c) (1999).

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.

Mercier v. Daniels · filed 2000-08-15(c)

A motion for summary judgment is properly granted 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) (1999).

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

NationsBank of North Carolina, N.A. v. Parker · filed 2000-09-19(c)

Summary judgment is appropriate when “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 any party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999).

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.

Save Our Schools of Bladen County, Inc. v. Bladen County Board of Education · filed 2000-10-03(c)

Summary judgment may be granted in favor of a defendant raising an affirmative defense of laches, see Cannon v. City of Durham, 120 N.C. App. 612, 463 S.E.2d 272 (1995), and “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,’ ” Thompson v. Three Guys Furniture Co., 122 N.C. App. 340, 344, 469 S.E.2d 583, 585 (1996) (quoting N.C. Gen. Stat. § 1A-1, Rule 56(c)).

Rule 56 permits a trial court deciding a summary judgment motion to consider the pleadings, depositions, interrogatories, admissions on file, and affidavits before it.

Harter v. Vernon · filed 2000-07-18

It has long been the law in North Carolina that in granting or denying a motion for summary judgment under N.C. Gen. Stat. § 1A-1, Rule 56, the trial court may consider “the pleadings, depositions, interrogatories, and admissions on file, together with any affidavits ...” which are before the court.

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

Petty v. Owen · filed 2000-11-07Rule 56(c)

At the outset, we note that 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 a judgment as a matter of law.”

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.

Tart v. Martin · filed 2000-12-21(c)

Summary judgment is properly granted 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.”

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.

Buckland v. Town of Haw River · filed 2000-12-29(c)

A trial court may grant a motion for summary judgment where there is no genuine issue of material fact and where the movant is entitled to judgment 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.

Stewart v. Stewart · filed 2000-12-29Rule 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c)(1990).

Rule 56(c) permits summary judgment when the evidentiary materials show no triable issue of fact and the moving party is entitled to judgment as a matter of law.

Yadkin Valley Land Co. v. Baker · filed 2000-12-29Rule 56(c)

Indeed, “[s]ummary judgment is appropriate when the pleadings, depositions, affidavits, and other evi-dentiary materials demonstrate the absence of any triable issue of fact and the moving party’s right 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.

Potter v. City of Hamlet · filed 2001-01-16(c)

Summary judgment is properly granted if “there is no genuine issue as to any material fact and... any party is entitled to a judgment as a matter of law.” G.S. § 1A-1, Rule 56(c). The moving party has the burden to establish that there is no genuine issue as to any material fact.

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.

McCallum v. North Carolina Cooperative Extension Service of N.C. Carolina State University · filed 2001-02-06Rule 56(c)

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. Gen. Stat. § 1A-1, Rule 56(c) (1999).

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.

Britt v. Hayes · filed 2001-02-0656(c)

A trial court may properly 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 as to any material fact and that any party is entitled to judgment as a matter of law.” G.S. § 1A-1 N.C.R. Civ. P. 56(c) (1999).

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.

Furr v. K-Mart Corp. · filed 2001-02-20(c)

A 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.” N.C.G.S. § 1A-1, Rule 56(c) (1999).

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

Smith v. Winn-Dixie Charlotte, Inc. · filed 2001-02-20Rule 56

“Summary judgment is proper when there is no genuine issue as to any material fact.” ...; N.C.G.S. § 1A-1, Rule 56 (1999).

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.

LaComb v. Jacksonville Daily News Co. · filed 2001-03-20(c)

Summary judgment may be granted 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.”