N.C. Gen. Stat. § 1A-1

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.

Thompson v. Town of Dallas · filed 2001-04-03(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) (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.

Thompson v. Bradley · filed 2001-04-03(c)

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 to be denied when a genuine issue of material fact remains.

Erwin v. Tweed · filed 2001-04-0356(c)

Since the manufacturer’s weight of this truck determines whether it is considered a private passenger vehicle or a fleet vehicle, we hold that there is a genuine issue of material fact as to the whether the policy covering this International dump truck can be stacked with the other policies. G.S. § 1A-1, N.C.R. Civ. P. 56(c) (1999). Summary judgment on this issue is inappropriate and is reversed.

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

Baggett v. Summerlin Insurance & Realty Inc. · filed 2001-04-17

"Summary judgment is proper where there is no genuine issue as to any material fact." Johnson v. Trustees of Durham Technical Community College, 139 N.C.App. 676, 680, 535 S.E.2d 357, 361, appeal dismissed and disc review denied, 353 N.C. 265, 546 S.E.2d 101 (2000); N.C.G.S. § 1A-1, Rule 56 (1999).

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

Craig v. County of Chatham · filed 2001-04-17(c)

Summary judgment is appropriate if (1) 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 (2) the moving party 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.

Willis v. Town of Beaufort · filed 2001-04-17(c)

Therefore, summary judgment is only 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) (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.

Rouse v. Williams Realty Bldg. Co., Inc. · filed 2001-04-17(c)

Summary judgment is an appropriate disposition 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.

Soderlund v. Kuch · filed 2001-05-15(c)

Therefore, summary judgment is only 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) (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.

Hearne v. Statesville Lodge No. 687 · filed 2001-05-15Rule 56(c)

Summary judgment is appropriate where there is no genuine issue as to any material fact and one party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999); ... Johnson v. Insurance Co., 300 N.C. 247, 252, 266 S.E.2d 610, 615 (1980).

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.

Doe v. Jenkins · filed 2001-06-05(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 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.

GATX Logistics, Inc. v. LOWE'S COMPANIES · filed 2001-06-05(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 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.

Rawls & Associates v. Hurst · filed 2001-06-19(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.G.S. § 1A-1, Rule 56(c) (2000).

Rule 56 permits summary judgment when no genuine issue of material fact exists, and an issue is genuine when supported by substantial evidence.

Dewitt v. Eveready Battery Co., Inc. · filed 2001-06-19Rule 56

"Summary judgment is proper when there is no genuine issue as to any material fact." Johnson v. Trustees of Durham Tech. Cmty. Coll., 139 N.C.App. 676, 680, 535 S.E.2d 357, 361, appeal dismissed and disc. review denied, 353 N.C. 265, 546 S.E.2d 101 (2000); N.C.G.S. § 1A-1, Rule 56 (1999). "An issue is genuine where it is supported by substantial evidence." Johnson, 139 N.C.App. at 681, 535 S.E.2d at 361.

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.

Sawyer v. Food Lion, Inc. · filed 2001-06-19Rule 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.” Lilley v. Blue Ridge Elec. Membership Corp., 133 N.C. App. 256, 258, 515 S.E.2d 483, 485 (1999), disc. rev. denied, 350 N.C. 833, 539 S.E.2d 289 (1999) (citing N.C. Gen. Stat. § 1A-1, Rule 56 (1990)). It requires the lower court to view the evidence in the light most favorable to the non-moving party, meaning the trial judge must accept the non-movant’s evidence as true, and draw all reasonable inferences therefrom.

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.

State Auto Property & Casualty Insurance v. Southard · filed 2001-06-19Rule 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2000).

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.

Keller v. Willow Springs Long Term Care Facility, Inc. · filed 2001-06-19

A party is entitled to summary judgment 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 of material fact, and that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 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.

Vest v. Easley · filed 2001-07-17Rule 56(c)

We note that 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. 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.

Lashlee v. White Consolidated Industries, Inc. · filed 2001-07-17(c)

Summary judgment is appropriate under N.C. Gen. Stat. § 1A-1, Rule 56 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 the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Ray v. Lewis Hauling & Excavating, Inc. · filed 2001-07-17(c)

A motion for summary judgment should not be granted if there are genuine issues of material fact. 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) (1967).

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.

Prior v. Pruett · filed 2001-06-05Rule 56(c)

A defendant is entitled to summary judgment if there is no genuine issue as to any material fact, and defendant 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 entitlement to judgment as a matter of law.

Dockery v. Quality Plastic Custom Molding, Inc. · filed 2001-06-19(c)

Summary judgment is only 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999); ... “A contract which is plain and unambiguous on its face will be interpreted as a matter of law by the court.”

Rule 56(c) sets the standard for granting summary judgment, and Rule 12(b)(6) sets the standard for deciding whether a complaint states a claim.

Hubbard v. County of Cumberland · filed 2001-04-17Rule 56(c); Rule 12(b)(6)

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. ... The essential question on a motion to dismiss is whether, as a matter of law, the allegations of the complaint, when liberally construed, are sufficient to state a claim upon which relief may be granted under any legal theory.

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, and requires the opposing party to identify specific facts showing a genuine issue for trial.

Triangle Bank v. Eatmon · filed 2001-05-15(Rule 56(c), (e))

Rule 56 of the North Carolina Rules of Civil Procedure permits summary judgment upon the showing that there is no genuine issue as to any material fact, and that one party is entitled to judgment as a matter of law. See N.C. Gen. Stat. § 1A-1, Rule 56 (1999); Johnson v. Phoenix Mut. Life Ins. Co., 300 N.C. 247, 266 S.E.2d 610 (1980). 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) (1999). To prevail against a summary judgment motion, the opposing party “must set forth specific facts showing that there is a genuine issue [of material fact] for trial.” Nasco Equip. Co. v. Mason, 291 N.C. 145, 149, 229 S.E.2d 278, 281 (1976) (quoting Rule 56(e)).

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.

Love v. Singleton · filed 2001-08-07(c)

A motion for 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.G.S. § 1A-1, Rule 56(c) (1999).

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, with the movant bearing the burden of showing no triable factual issue.

Trexler v. Norfolk Southern Railway Co. · filed 2001-08-07Rule 56

N.C.G.S. § 1A-1, Rule 56 (1999). A summary judgment movant bears the burden of establishing the lack of any triable factual issue.

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.

Eatman Leasing, Inc. v. Empire Fire & Marine Insurance · filed 2001-08-07(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.G.S. § 1A-1, Rule 56(c) (2000).

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.

Spears v. Moore · filed 2001-08-21(c)

An order granting summary judgment to a party is appropriate when “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 only when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Carolina Place Joint Venture v. Flamers Charburgers, Inc. · filed 2001-08-21Rule 56(c)

Summary judgment is proper under G.S. 1A-1, Rule 56(c) only 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 genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

North Carolina Farm Bureau Mutual Insurance v. Allen · filed 2001-10-16(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) (1999).

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.

PNE AOA Media, L.L.C. v. Jackson County · filed 2001-10-16Rule 56(c)

When a party files a motion for summary judgment pursuant to N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999), this Court must determine whether the trial court properly ruled that no genuine issue of material fact existed such that the moving party was entitled to judgment as a matter of law.

Rules 56(c) and 56(e) govern when summary judgment is appropriate and require a responding party to provide specific facts showing a genuine issue for trial.

AMERICAN RIPENER CO., INC. v. Offerman · filed 2001-11-06(c), (e)

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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2000).

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

Bell v. Nationwide Insurance · filed 2001-11-06(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.”

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.

In re the Will of McCauley · filed 2001-11-06Rule 56(c)

A motion for 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) 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.

McCarver v. Blythe · filed 2001-12-04(c)

It is well established that “[s]ummary 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.’ ” 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(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.

Combs & Associates, Inc. v. Kennedy · filed 2001-12-04Rule 56(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 a party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999); Johnson v. Phoenix Mut. Life Ins. Co., 300 N.C. 247, 266 S.E.2d 610 (1980), overruled on other grounds by Myers & Chapman, Inc., v. Thomas G. Evans, Inc., 323 N.C. 559, 374 S.E.2d 385 (1988).

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.

Henderson v. Park Homes Inc. · filed 2001-12-04(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) (2000).

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.

Bryant v. Don Galloway Homes, Inc. · filed 2001-12-18Rule 56(c)

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

Rules 56(c) and 56(e) govern when summary judgment is appropriate and require the nonmoving party to show specific facts establishing a genuine issue for trial.

Lassiter v. Bank of North Carolina · filed 2001-09-18Rule 56(c), Rule 56(e)

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) (2000). ... Thus, once the moving party demonstrates the claimant cannot show essential evidence to support an element of his claim, the burden shifts to the non-movant to establish a genuine issue of material fact.

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.

Dowless v. Kroger Co. · filed 2001-12-28Rule 56(c)

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 as to any material fact and that [the]- party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999).

Rule 56(c) requires specific facts, rather than conclusory statements, to raise a genuine issue of material fact and avoid summary judgment.

Best v. Ford Motor Co. · filed 2001-12-28Rule 56(c)

Plaintiff's affidavit contains conclusory statements that the Release was executed under conditions which amounted to mutual mistake. To raise a genuine issue of material fact, plaintiff must allege specific facts upon which she intends to rely in establishing mutual mistake.

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

Goynias v. Spa Health Clubs, Inc. · filed 2002-02-05Rule 56(c)

A 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). As the moving party, a defendant has the burden of establishing the absence of any triable issue of fact.

Rule 56(c) permits summary judgment when the facts are undisputed, even if the parties disagree about their legal significance.

Adams v. Jefferson-Pilot Life Insurance · filed 2002-02-05Rule 56(c)

Although the parties disagree on the legal significance of the established facts, the facts themselves are not in dispute. Consequently, we conclude that “there is no genuine issue as to any material fact” surrounding the trial court’s summary judgment order.

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

In Re the Estate of Anderson · filed 2002-02-05Rule 56(c)

We therefore remand this case to the trial court for trial on the merits pursuant to section I of this opinion and for entry of summary judgment in favor of McRae on the issue of estoppel under section II, see N.C.G.S. § 1A-1, Rule 56(c) (summary judgment proper if there is no genuine issue of material fact and "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 a party is entitled to judgment as a matter of law.

BUNN LAKE PROPERTY OWNER'S ASS'N v. Setzer · filed 2002-03-19Rule 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.G.S. § 1A-1, Rule 56(c) (1999). ... We conclude there was no genuine issue of material fact regarding whether defendant had encroached upon plaintiff’s lake bed.

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.

Tuckett v. Guerrier · filed 2002-03-19(c)

As to the merits of this case, 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(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.

Griswold v. Integon General Insurance · filed 2002-03-19(c)

Summary judgment is proper when, from materials presented to the court, there exists “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.

Allstate Insurance Co. v. Oxendine · filed 2002-03-19(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) (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.

Joslyn Ex Rel. Joslyn v. Blanchard · filed 2002-04-02(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) (1999); Johnson v. Insurance Co., 300 N.C. 247, 252, 266 S.E.2d 610, 615 (1980).

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.

In Re the Will of Lamanski · filed 2002-04-02(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) (2001). The burden is on the moving party to show the absence of any genuine issue of fact and his entitlement 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.

Bostic Packaging, Inc. v. City of Monroe · filed 2002-04-16(c)

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. See N.C. Gen. Stat. § 1A-1, Rule 56(c) (1999); ... A summary judgment movant bears the burden of showing either that (1) an essential element of the plaintiff’s claim is nonexistent; (2) the plaintiff cannot produce evidence to support an essential element of its claim; or that (3) the 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 a party is entitled to judgment as a matter of law.

Metts v. Turner · filed 2002-04-16(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.”

Rule 56 requires a party seeking summary judgment to show that an essential claim element is absent, unsupported by discovery, or defeated by an affirmative defense.

Tucker v. Boulevard at Piper Glen LLC · filed 2002-05-07

A defendant moving for summary judgment bears the burden of showing that: (1) an essential element of plaintiff’s claim is nonexistent; (2) discovery indicates plaintiff cannot produce evidence to support an essential element; or (3) plaintiff cannot surmount an affirmative defense.

Rule 56(c) permits summary judgment against the moving party when appropriate.

Green Park Inn, Inc. v. Moore · filed 2002-04-02(c)

North Carolina Rule of Civil Procedure 56 provides that “[s]ummary judgment, when appropriate, may be rendered against the moving party.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (Supp. 2000).

Rule 56(c) permits summary judgment against the moving party when appropriate.

Trujillo v. North Carolina Grange Mutual Insurance · filed 2002-04-16Rule 56(c)

When appropriate, summary judgment may be rendered against the moving party. N.C. Gen. Stat. § 1A-1, Rule 56(c).

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

Bolick v. Bon Worth, Inc. · filed 2002-05-21(c)

Summary judgment is appropriate when all the evidentiary materials before the court “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) (2001).

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.

Baker v. Ivester · filed 2002-05-21(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.G.S. § 1A-1, 56(c) (2001).

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.

Sharpe v. Sharpe · filed 2002-05-21Rule 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) (2001).

Rule 56(c) permits summary judgment when no genuine factual controversy remains and the case involves only questions of law.

Headley v. Williams · filed 2002-06-04(c)

Summary judgment is appropriate when the materials before the court reveal that there is no genuine controversy concerning any factual issue which is material to the outcome of the action so that resolution of the action involves only questions of law. First Federal Savings & Loan Ass’n v. Branch Banking & Trust Co., 282 N.C. 44, 191 S.E.2d 683 (1972); 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.

Intermount Distribution, Inc. v. Public Service Co. of North Carolina, Inc. · filed 2002-06-04Rule 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. Gen. Stat. § 1A-1, Rule 56(c) (2001).

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.

DeWitt v. Eveready Battery Co., Inc. · filed 2002-06-28(c)

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) (1999) (amended 2000).

Rules 56(c) and 56(e) govern when summary judgment is proper and require specific evidence showing whether a genuine issue of material fact exists.

In Re the Will of McCauley · filed 2002-06-28(c), (e)

Rule 56(c) 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.”

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

Singleton v. Haywood Electric Membership Corp. · filed 2002-07-02(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. Gen.Stat. § 1A-1, Rule 56(c) (1999).

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.

Carolantic Realty, Inc. v. Matco Group, Inc. · filed 2002-07-16Rule 56

Pursuant to N.C. Gen. Stat. § 1A-1, Rule 56 (2001), a motion for summary judgment is properly granted if, considering the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, there are no genuine issues of material fact and a party is entitled to 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.

Murphy v. First Union Capital Markets Corp. · filed 2002-08-06Rule 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).

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.

Thompson v. First Citizens Bank & Trust Co. · filed 2002-08-06(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.G.S. § 1A-1, Rule 56(c) (2001).

Rule 56 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.

Kroh v. Kroh · filed 2002-08-20Rule 56

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 a party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (2001).

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.

Floyd v. Integon General Insurance · filed 2002-08-20Rule 56

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 a party is entitled to judgment as a matter of law. ... As noted above, in the instant case the parties stipulated to all material facts, leaving only questions of law; accordingly, summary judgment was proper in this case.

Rule 56 lets a court decide whether a genuine issue of fact exists, but it does not let the court decide the fact itself.

Goodwin v. Webb · filed 2002-09-0356(c)

"Rule 56 does not authorize the court to decide an issue of fact, but rather to determine whether a genuine issue of fact exists."

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

Sudds v. Gillian · filed 2002-09-03(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.G.S. § 1A-1, Rule 56(c) (2001).

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.

Francine Delany New School for Children, Inc. v. Asheville City Board of Education · filed 2002-05-21(c)

Upon motion, 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) 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.

Byrd v. Adams · filed 2002-09-09Rule 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. Gen. Stat. § 1A-1, Rule 56(c) (2001).

Rule 56(c) sets the standard for summary judgment, including the absence of a genuine issue of material fact and entitlement to judgment as a matter of law.

Electronic World, Inc. v. Barefoot · filed 2002-10-15Rule 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) (2001). The party moving for summary judgment has the burden of showing that either an essential element of the plaintiff’s claim does not exist, or that plaintiff cannot produce evidence to support an essential element of the claim.

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.

Bee Tree Missionary Baptist Church v. McNeil · filed 2002-11-05(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. ... A defendant, as the moving party, bears the burden of showing that no triable issue exists.

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.

Price v. Beck · filed 2002-11-05(c)

A case is ripe for summary judgment where there is no genuine issue of material fact and any party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c) (2001).

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.

Gaynoe v. First Union Corp. · filed 2002-11-05(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) (2001).

Rule 56(f) permits a continuance of a summary judgment hearing to allow additional pretrial discovery.

Shroyer v. County of Mecklenburg · filed 2002-11-19(f)

Finally, plaintiffs did not move for a continuance of the summary judgment hearing to allow additional time for pre-trial discovery to take place. See N.C. Gen. Stat. § 1A-1, Rule 56(f). Therefore, the court did not err in proceeding with the summary judgment hearing.

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.

Lucas v. Swain County Board of Education · filed 2002-12-03(c)

The standard for ruling upon a motion for summary judgment is well-settled: summary judgment should only be granted 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) (2002).

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.

Ray v. Young · filed 2002-12-03Rule 56(c)

“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 does not permit summary judgment when deciding a material issue requires weighing evidence.

Whitaker v. Town of Scotland Neck · filed 2002-12-17Rule 56

Summary judgment was improper here because this case involves a question that can be resolved only by weighing the evidence presented.

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; once the movant shows no triable issue, the opponent must produce evidence of one.

Voelske v. Mid-South Insurance · filed 2002-12-17Rule 56(c)

We first note that 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). ... Therefore, defendant satisfied its burden, and the burden of demonstrating a triable issue of fact on the question of Michael’s eligibility as an employee participant under the subject plan shifted to plaintiffs, who failed to produce evidence necessary to defeat summary judgment in favor of defendant.

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

Martin Architectural Products, Inc. v. Meridian Construction Co. · filed 2002-12-31Rule 56(c)

The record shows plaintiff did cancel its claim of lien against the property, even though it never dismissed its sixth claim for relief; therefore, there is no genuine issue of material fact and DUFCU is entitled to judgment as a matter of law on this claim.

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.

In Re the Will of Campbell · filed 2002-12-31Rule 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) (2001).

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.

Vares v. Vares · filed 2002-11-19Rule 56(c)

Summary judgment is properly granted 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) (2001); Bostic Packaging, Inc. v. City of Monroe, 149 N.C. App. 825, 830, 562 S.E.2d 75, 79, disc. review denied, 355 N.C. 747, 565 S.E.2d 192 (2002).

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.

Harleysville Mutual Insurance v. Narron · filed 2002-12-31Rule 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) (2001).

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 v. Earthgrains Companies, Inc. · filed 2003-01-21Rule 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) (2001).

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.

Brinkman v. Barrett Kays & Associates, P.A. · filed 2003-01-21Rule 56(c)

Summary judgment is appropriate and “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) (2001). ... Defendants have met their burden of proof that there is an essential element of plaintiffs’ claim of negligent misrepresentation regarding which there is no genuine issue of material fact and therefore summary judgment was properly granted to defendants.

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.

Swain v. Preston Falls East, L.L.C · filed 2003-03-04Rule 56(c)

Pursuant to Rule 56 of the North Carolina Rules of Civil Procedure, the entry of 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2002).

Rule 56 requires courts deciding summary judgment to view the evidence and draw reasonable inferences in the nonmovant’s favor.

Campbell v. Anderson · filed 2003-03-04Rule 56

The trial court must view all evidence in the light most favorable to the non-movant and draw all reasonable inferences in his favor in ruling on a motion for summary judgment.

Rule 56(e) does not permit a court to consider an attorney’s letter relaying an investigator’s account of a witness’s statements as evidence on summary judgment.

Strickland v. Doe · filed 2003-03-04(e)

We therefore hold that the supplemental discovery containing statements by a private investigator of what Kelly told him about the incident does not meet the requirements of Rule 56(e) and thus could not properly be considered by the trial court in determining the motions for summary judgment by State Farm and Nationwide.

Rule 56 permits summary judgment when a plaintiff produces no evidence of an essential element of her claim.

Pacheco v. Rogers and Breece, Inc. · filed 2003-05-06Rule 56

When a plaintiff fails to produce any evidence of an essential element of her claim, the trial court’s grant of summary judgment is proper.

Rule 56(c) precludes summary judgment when a genuine issue of material fact exists about the scope and effect of a settlement order.

Kogut v. Rosenfeld · filed 2003-05-06Rule 56(c)

While the facts resemble the facts in Chemimetals, we must hold that summary judgment is precluded in this case because, unlike Chemimetals, the record in this case shows a genuine issue of material fact exists regarding the intended scope and effect of the bankruptcy order.

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

Gilmore v. Garner · filed 2003-05-20Rule 56(c)

The trial court properly grants summary judgment where there is no genuine issue of material fact to be decided and either party is entitled to a 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.

Tyndall-Taylor v. Tyndall · filed 2003-05-20Rule 56(c)

There being no genuine issue of material fact, we conclude that plaintiffs are entitled to judgment as a matter of law. Accordingly, summary judgment in favor of defendants is reversed and this case is remanded to the trial court for entry of summary judgment in favor of plaintiffs.

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.

Sullivan v. Mebane Packaging Group, Inc. · filed 2003-05-20Rule 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) (2002).

Rule 56(c) permits summary judgment when the facts are undisputed, only questions of law remain, and a party is entitled to judgment.

Smith v. State Farm Mutual Automobile Insurance · filed 2003-05-20Rule 56(c)

Because resolution of this issue presents only questions of law, the case is appropriate for entry of summary judgment, provided the undisputed facts establish that one of the parties is entitled to judgment.

Rule 56 governs a motion treated as one for summary judgment when the court considers affidavits and exhibits outside the pleadings.

Hensley v. Ray's Motor Co. of Forest City, Inc. · filed 2003-06-03Rule 56

In light of evident confusion in the record as to the procedural context of the trial court’s action, we note that since the trial court was presented with affidavits and exhibits and did not exclude matters outside the pleadings, we treat the motion as one for summary judgment pursuant to Rule 56 of the North Carolina Rules of Civil Procedure.

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

Ellis v. White · filed 2003-02-04Rule 56(c)

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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2001).

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.

Pennsylvania National Mutual Casualty Insurance v. Associated Scaffolders & Equipment Co. · filed 2003-05-06Rule 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) (2001). ... Both parties stipulate that there is no genuine issue of material fact, so this Court’s review will be limited to determining whether Penn National was entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the nonmoving party fails to forecast evidence of an essential element of its claim.

Piedmont Institute of Pain Management v. Staton Foundation · filed 2003-05-20Rule 56(c)

A party is entitled to judgment as a matter of law if the non-movant fails to forecast evidence with respect to an essential element of a claim.

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

Williams v. Blue Cross Blue Shield of NC · filed 2003-06-13Rule 56(c)

Summary judgment may be granted in a declaratory judgment proceeding, ... 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) (2001).

Rule 56(c) permits summary judgment when no genuine issue of material fact remains, even if the parties dispute the legal significance of the facts.

Wal-Mart Stores, Inc. v. Ingles Markets, Inc. · filed 2003-06-17Rule 56(c)

We conclude that “there is no genuine issue as to any material fact” surrounding the trial court’s summary judgment order.

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.

Wilkins v. Guilford County · filed 2003-07-01Rule 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.G.S. § 1A-1, Rule 56(c) (2001). The burden is on the summary judgment movant to establish the lack of any triable factual issue.

Rule 56(c) permits summary judgment when no genuine issue of material fact remains and an affirmative defense entitles the moving party to judgment as a matter of law.

Currin & Currin Construction, Inc. v. Lingerfelt · filed 2003-07-01Rule 56(c)

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) (2001). ... Defendants met their burden of proving that plaintiff was barred from recovering on the construction contract because plaintiff did not have a valid general contractor’s license at the time of the contract’s inception. Accordingly, defendants were entitled to a judgment as a matter of law.

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

Nelson v. Novant Health Triad Region, L.L.C. · filed 2003-08-05Rule 56(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) (2001).

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

Area Landscaping, L.L.C. v. Glaxo-Wellcome, Inc. · filed 2003-10-07Rule 56

Summary judgment is only appropriate if there are no genuine issues of material fact and any party is entitled to judgment as a matter of law.

Rule 56(c) allows 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.

Kaleel Builders, Inc. v. Ashby · filed 2003-11-04Rule 56(c)

In review of the trial court’s grant of summary judgment in favor of the architect, Mr. Duffy, we review de novo whether the trial court properly concluded that Mr. Duffy showed, through pleading and affidavits, “ ‘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.’ ” Bruce-Terminix Co. v. Zurich Ins. Co, 130 N.C. App. 729, 733, 504 S.E.2d 574, 577 (1998) (quoting N.C. Gen. Stat. § 1A-1, Rule 56(c) (2001)).

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.

Kennedy v. Haywood County · filed 2003-06-17Rule 56(c)

Summary judgment is properly granted 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) (2001); Pacheco v. Rogers & Breece, Inc., - N.C. App. -, - S.E.2d - (2003).

Rule 56 permits summary judgment when the moving party establishes that the opposing party cannot produce evidence supporting an essential element of its claim.

Eason v. Union County · filed 2003-09-16Rule 56(c)

Summary judgment is appropriate when the moving party establishes that the opposing party cannot produce evidence to support an essential element of the claim or an essential element of the opposing party’s claim does not exist.

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

McKinney v. Richitelli · filed 2003-10-02Rule 56(c)

Summary judgment may be granted in a declaratory judgment action “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.’ ” Williams v. Blue Cross Blue Shield of N.C., 357 N.C. 170, 178, 581 S.E.2d 415, 422 (2003) (quoting N.C.G.S. § 1A-1, Rule 56(c) (2001)).

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

Singleton v. Haywood Electric Membership Corp. · filed 2003-12-05Rule 56(c)

Thus, since there is no genuine issue of material fact and no right under the membership agreement to perform the work complained of, the Court of Appeals correctly affirmed the trial court in granting partial summary judgment in Singleton's favor.

Rule 56(c) precludes summary judgment when a factual dispute must be resolved to determine the scope of an easement.

Keener v. Arnold · filed 2003-12-16Rule 56(c)

Because of this disagreement between the parties, the reasonableness of the amount of space needed to effectuate that purpose raises a question of fact that precludes summary judgment.

Rule 56(c) permits summary judgment when the plaintiff lacks standing to bring suit.

Morris v. Thomas · filed 2003-12-16Rule 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.G.S. § 1A-1, Rule 56(c) (2003). Summary judgment is proper if the plaintiff lacks standing to bring suit.

Rule 56(f) permits summary judgment despite an opposing affidavit when the existing record supports judgment and the requested discovery would not affect the issues.

Cullen v. Valley Forge Life Insurance · filed 2003-12-16Rule 56(f)

Even in the face of a Rule 56(f) affidavit, a trial court is permitted to grant summary judgment, when appropriate, based upon the materials presented at any stage of the proceedings.

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.

Old Line Life Insurance Co. of of America v. Bollinger · filed 2003-12-16Rule 56(c)

Summary judgment is appropriate when there is no genuine issue of 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.

North Carolina Farm Bureau Mutual Insurance v. Fowler Ex Rel. Rudisill · filed 2004-01-06Rule 56(c)

Further, we hold that the trial court correctly ruled that there was no genuine issue of material fact and that plaintiff was entitled to judgment as a matter of law on the issue of costs.

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.

Young v. Great American Insurance Co. of New York · filed 2004-01-06Rule 56(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.”

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; in a declaratory action with undisputed facts, either party may obtain summary judgment on their legal significance.

Purcell v. Downey · filed 2004-02-03Rule 56(c)

In a declaratory action where, as here, there is no substantial controversy as to the facts disclosed by the evidence, either party may be entitled to summary judgment, since the legal significance of those facts is the only matter in controversy.

Rule 56(d) permits partial summary judgment to simplify a case by disposing of issues ripe for summary judgment.

Sports Quest, Inc. v. Dale Earnhardt, Inc. · filed 2004-02-12Rule 56(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.

Under Rule 56, once the moving party shows no genuine issue of material fact, the opposing party must forecast evidence sufficient to support its claim.

Venable v. Vernon · filed 2004-02-17Rule 56

Defendants, having met their burden to demonstrate that plaintiff was fired on grounds unrelated to politics and therefore no genuine issue of material fact existed, the burden then shifted to plaintiff to establish a forecast of evidence sufficient to support his complaint alleging wrongful discharge.

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.

Phillips v. Gray · filed 2004-02-17Rule 56(c)

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

Rule 56 summary judgment is available in a de novo superior court appeal of a cartway proceeding, and an opposing party must present evidence of a genuine factual dispute.

Greene v. Garner · filed 2004-03-02Rule 56(e)

At this stage of the proceeding, the superior court is conducting a civil trial. We conclude that like any other civil trial, the Rules of Civil Procedure, including motions for summary judgment, are available.

A dispute over the interpretation of an insurance policy does not create a genuine issue of material fact when the relevant facts are undisputed.

Hobbs Realty & Construction Co. v. Scottsdale Insurance · filed 2004-03-16Rule 56(c)

Rather, the parties’ arguments are based on their respective interpretations of the terms of the insurance policy. Consequently, the record does not present a genuine issue as to any material fact.

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.

Hutchinson v. Nationwide Mutual Fire Insurance · filed 2004-04-06Rule 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 no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Atlantic & East Carolina Railway Co. v. Wheatly Oil Co. · filed 2004-04-20Rule 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) (2003) (emphasis added). ... Wheatly first contends that the court erred in granting summary judgment because there was a genuine issue of material fact as to whether Railway was the real party in interest. We disagree.

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.

Wiley v. United Parcel Service, Inc. · filed 2004-05-04Rule 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. Gen. Stat. § 1A-1, Rule 56(c) (2003).

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.

Lee v. Scarborough · filed 2004-05-18Rule 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) (2003). ... Thus, we affirm the trial court’s grant of partial summary judgment in plaintiff’s favor on the issue of both defendants’ breach of the stock option and restriction agreement.

Rule 56(c) requires the party seeking summary judgment to show that no issue is triable, with factual inferences drawn in favor of the opposing party.

Dalton v. Dalton · filed 2004-06-01Rule 56(c)

The party moving for summary judgment must establish the lack of any triable issue, and all inferences of fact from the evidence proffered at the hearing must be drawn against the movant and in favor of the party opposing the motion.

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

Van Keuren v. Little · filed 2004-07-06Rule 56(c)

A trial court properly grants 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) (2003). ... Plaintiff failed to forecast evidence sufficient to make a prima facie case and show that a genuine issue of material fact existed regarding mutual mistake in executing the release.

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.

Lowe v. Baldwin · filed 2004-07-06Rule 56(c)

Summary judgment is the appropriate remedy 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) (2003).

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

Harris v. Tri-Arc Food Systems, Inc. · filed 2004-07-20Rule 56(c)

Thus, there was no genuine issue of material fact to be decided as to whether defendant was negligent in failing to either discover or in creating the dangerous condition which resulted in plaintiffs injuries.

Rule 56(c) precludes summary judgment when a disputed fact is material to when a claim accrued.

Lee v. R & K MARINE, INC. · filed 2004-07-20Rule 56(c)

As the date of delivery is disputed and is pertinent in determining when plaintiffs claim for breach of contract accrues, the trial court erred in granting summary judgment.

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.

State v. Willis · filed 2004-04-06Rule 56(c)

Viewing the evidence before us in the light most favorable to defendants, we conclude that no issue of material fact exists in the case, and that the State is entitled to a judgment as a matter of law.

Rule 56(c) requires a court reviewing summary judgment to determine whether a genuine issue of material fact exists and whether any party is entitled to judgment as a matter of law.

York Oil Co. v. North Carolina Department of Environment, Health & Natural Resources · filed 2004-06-01Rule 56(c)

Thus, the question before the trial court should have been whether there were any genuine issues of material fact and whether any party was entitled to judgment as a matter of law.

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

Pompano Masonry Corp. v. HDR Architecture, Inc. · filed 2004-07-20Rule 56(c)

Because we conclude defendant was not entitled to judgment as a matter of law, we hold that the trial court erred in granting summary judgment in favor of defendant.

Rule 56(c) does not permit summary judgment on damages when the amount attributable to unlawful activity remains disputed.

State Ex Rel. Albright v. Arellano · filed 2004-08-03Rule 56(c)

We conclude that while the total amount of gross income from Rose Spa may be calculated based on the accountant’s copies of defendants’ tax records, the amount of gross income derived from defendants’ unlawful activity is disputed. Thus, summary judgment on the issue of damages was premature.

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.

Williams v. City of Jacksonville Police Department · filed 2004-08-03Rule 56(c)

Rule 56(c) 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 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.

Wood v. McDonald's Corp. · filed 2004-09-07Rule 56(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.

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

Brown v. Dodson · filed 2004-09-07Rule 56(c)

To prevail on a motion for summary judgment, a defendant must establish "that there is no genuine issue as to any material fact and that [the defendant] is entitled to a judgment as a matter of law." N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003).

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.

Moore's Ferry Development Corp. v. City of Hickory · filed 2004-09-21Rule 56(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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003).

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

Proctor v. JOHNSON BODY SHOP, INC. · filed 2004-09-21Rule 56(c)

N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003) provides that summary judgment is appropriate when the evidence submitted by the parties presents "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.

Johnson v. News & Observer Publishing Co. · filed 2004-11-16(c)

Pursuant to N.C.R. Civ. P. 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) (2003).

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.

American National Electric Corp. v. Poythress Commercial Contractors, Inc. · filed 2004-11-16(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) (2003).

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.

Moss v. Minter · filed 2004-12-07(c)

G.S. 1A-1, Rule 56(c) of the 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 entitledto judgment as a matter of law.

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

Brust v. ICE VENTURES, INC. · filed 2004-12-07(c)

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) (2003).

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.

Revels v. Robeson County Board of Elections · filed 2004-12-07(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. Gen. Stat. § 1A-1, Rule 56(c) (2003).

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.

Production Systems, Inc. v. Amerisure Insurance · filed 2004-12-21(c)

“Summary judgment may be granted in a declaratory judgment proceeding 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) [(2003)].”

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.

Holroyd v. Montgomery County · filed 2004-12-21(c)

“Summary judgment is properly 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.’ ”

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.

BEECH MOUNTAIN VACATIONS v. NY FINANCIAL · filed 2004-12-21Rule 56(c)

Summary judgment is appropriate only when, viewed in the light most favorable to the non-movant, "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.

Westerhold v. DESIGNER'S WAY, INC. · filed 2004-12-21Rule 56(c)

Summary judgment is appropriate when, "viewed in the light most favorable to the non-movant . . . `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.'" Id. (quoting N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003)).

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.

Citifinancial, Inc. v. Messer · filed 2005-01-04Rule 56(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." N.C. Gen.Stat. § 1A-1, Rule 56(c) (2003).