N.C. Gen. Stat. § 1A-1

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.

Lassiter v. Cohn · filed 2005-02-01Rule 56(c)

“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.

Jones v. City of Durham · filed 2005-02-15Rule 56(c)

When reviewing an order of summary judgment, we discern "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) (2003); Parish v. Hill, 350 N.C. 231, 236, 513 S.E.2d 547, 550, reh'g denied, 350 N.C. 600, 537 S.E.2d 215 (1999) (finding as a matter of law the proper standard of care of police officer in pursuit is that of "gross negligence," and that the forecast evidence was insufficient to survive summary judgment under that standard).

Rule 56(c) permits summary judgment when the plaintiff fails to forecast competent evidence supporting essential elements of the claims and the defendant is entitled to judgment as a matter of law.

Javurek v. Jumper · filed 2005-03-01Rule 56(c)

Plaintiff failed to forecast or proffer competent evidence to support the essential elements of any of his six claims against defendant, either during discovery or at the hearings. Defendant was entitled to judgment as a matter of law.

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

Pritchett & Burch, PLLC v. Boyd · filed 2005-03-15Rule 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 the moving party is entitled to judgment as a matter of law.

Harleysville Mutual Insurance v. Berkley Insurance Co. · filed 2005-04-05Rule 56(c)

When reviewing a motion for summary judgment, this Court considers whether “(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.” Gaunt v. Pittaway, 139 N.C. App. 778, 784, 534 S.E.2d 660, 664, disc. review denied and appeal dismissed, 353 N.C. 262, 546 S.E.2d 401 (2000), cert. denied, 534 U.S. 950, 151 L. Ed. 2d 261 (2001); see N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003).

Rule 56(c) does not permit summary judgment or equitable reformation when a genuine issue of material fact remains.

Wolfe v. Villines · filed 2005-04-05Rule 56(c)

The trial court improperly concluded that no material issue of fact existed, yet selected one of three surveys presented to the court as the remedy. As a question of material fact existed, we find the trial court erred in reforming the contract at the summary judgment stage.

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.

Crabtree Avenue Inv. Group v. Steak and Ale · filed 2005-04-19Rule 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 judgment as a matter of law." N.C. Gen.Stat. § 1A-1, Rule 56(c) (2004). ... As there is no genuine issue of material fact and plaintiff is entitled to judgment as a matter of law, we affirm the court's order granting summary judgment to plaintiff.

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

Granville Farms, Inc. v. County of Granville · filed 2005-05-03Rule 56(c)

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

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

In Re Estate of Redding v. Welborn · filed 2005-05-17Rule 56(c)

In order to prevail on a motion for summary judgment, the movant has the burden of proving that “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 opposing party's forecast of evidence cannot support an essential element of the claim, including in a negligence action.

Frank v. Funkhouser · filed 2005-03-15Rule 56(c)

To hold otherwise would indicate that summary judgment would never be appropriate in cases where the rebuttable presumption applies even though a party did not present a forecast of evidence sufficient to overcome the presumption. Accordingly, we conclude summary judgment was properly entered as plaintiff failed to present a sufficient forecast of evidence to present a jury question as to whether the rebuttable presumption has been overcome.

Rule 56(c) permits summary judgment when the facts are undisputed and the court need only apply the law to them.

McGuire v. Draughon · filed 2005-05-17Rule 56(c)

Because the trial court was only required to apply the law to the undisputed facts in this case, this case is appropriately resolved by 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.

First Commerce Bank v. Dockery · filed 2005-07-05Rule 56(c)

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to 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.

Youse v. Duke Energy Corp. · filed 2005-07-05Rule 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."

Rule 56(e) requires the party opposing a supported summary judgment motion to produce evidence showing a genuine issue of material fact.

Keyzer v. AmerLink, Ltd. · filed 2005-08-16Rule 56(e)

We conclude that Spoor's testimony shifted the burden to plaintiff to produce evidence showing a genuine issue of material fact on the issue of whether defendants intended to make the final payment under the settlement agreement.

Rule 56(c) permits summary judgment when the facts are undisputed and the controversy presents a question of law.

Knight Publishing Co. v. Charlotte-Mecklenburg Hospital Authority · filed 2005-08-16Rule 56(c)

This is a proper case for summary judgment because a question of law, being the interpretation of N.C. Gen. Stat. § 131E-257.2 and its legal effect on the undisputed facts, was in controversy.

Rule 56(c) precludes summary judgment when genuine issues of material fact require resolution by a jury.

Freeman v. Food Lion, LLC · filed 2005-09-06Rule 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.” ... Accordingly, there were genuine issues of material fact pertaining to defendant Food Lion’s negligence and plaintiff’s duty to exercise ordinary care and the trial court erred in precluding plaintiff and defendant from submitting those issues to the jury.

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.

Keyzer v. Amerlink, Ltd. · filed 2005-09-20Rule 56(c)

Regarding summary judgment orders, Rule 56(c) provides that 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."

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.

Wallen v. Riverside Sports Center · filed 2005-09-20Rule 56(c)

Summary judgment is proper when the pleadings, together with depositions, interrogatories, admissions on file, and supporting affidavits show that no genuine issue of material fact exists between the parties with respect to the controversy being litigated and the moving party is entitled to judgment as a matter of law. N.C. Gen.Stat. § 1A-1, Rule 56(c) (2004).

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

Barton v. White · filed 2005-10-18Rule 56(c)

On these facts, the trial court correctly concluded that there is no genuine issue of material fact, and that the instant plat cannot, as a matter of law, demonstrate an intent by the grantor to create a road on the sixty-foot-wide strip of land.

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

Husketh v. N.C. Dept. of Corr. · filed 2005-10-26Rule 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."

A defendant may obtain summary judgment by showing that an essential element of the plaintiff’s claim is absent, unsupported by available evidence, or defeated by an affirmative defense.

Husketh v. N.C. Department of Correction · filed 2005-11-16Rule 56(c)

A defendant who moves for summary judgment may meet 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 by: (1) proving that an essential element of the plaintiff's case is nonexistent; (2) showing through discovery that the plaintiff cannot produce evidence to support an essential element of his or her claim; or (3) showing that the plaintiff cannot surmount an affirmative defense which would bar the claim.

Summary judgment on a statute of limitations defense is appropriate only when the relevant facts are admitted or undisputed.

Mullinix v. Mabry · filed 2005-12-06Rule 56(c)

Whether a cause of action is barred by the statute of limitations is a mixed question of law and fact, and summary judgment is appropriate only when the facts are admitted or not in conflict.

Rule 56(c) permits summary judgment for a nonmoving party when no material facts are disputed and that party is entitled to judgment as a matter of law.

Stegenga v. Burney · filed 2005-10-18Rule 56(c)

Summary judgment for a non-moving party is proper "when the evidence presented demonstrates that no material issues of fact are in dispute, and the non-movant is entitled to entry of judgment as a matter of law."

Rule 56(c) requires courts to view the evidence in the light most favorable to the nonmoving party when deciding whether a genuine issue of material fact exists.

Jones v. City of Durham · filed 2005-12-16Rule 56(c)

In assessing whether the moving party established the absence of any genuine issue of material fact, the evidence presented should be viewed in the light most favorable to the nonmoving party. N.C.G.S. § 1A-1, Rule 56(c).

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.

Hodge v. North Carolina Department of Transportation · filed 2005-12-20Rule 56(c)

“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.” ... After our careful review of the record, we hold that there is no genuine issue of material fact regarding the alleged retaliatory acts. ... Accordingly, we affirm the trial court’s grant of summary judgment.

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.

ATLANTIC COAST v. Arcadis · filed 2006-01-03Rule 56(c)

Summary judgment is proper when the pleadings, together with depositions, interrogatories, admissions on file, and supporting affidavits show that no genuine issue of material fact exists between the parties with respect to the controversy being litigated and the moving party is entitled to judgment as a matter of law. N.C. Gen.Stat. § 1A-1, Rule 56(c) (2005). ... Thus, plaintiff is unable to establish an essential element of its claim, that is, that Poole breached the contract. Accordingly, the trial court did not err in granting Poole's motion for summary judgment on the breach of contract claim.

Rule 56 permits summary judgment when an affidavit rebuts a presumption of fraud and the opposing party fails to forecast evidence of fraud, leaving no genuine issue of fact.

Forbis v. Neal · filed 2006-01-17Rule 56(c)

The defendant's affidavit rebutted the presumption of fraud, which "evaporate[d]", leaving plaintiff to shoulder the burden of producing actual evidence of fraud. Plaintiff here has failed to forecast any evidence of fraud. Thus, no genuine issue of fact remains and the court properly granted summary judgment to defendant and denied same to plaintiff.

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.

McCutchen v. McCutchen · filed 2006-01-27Rule 56(c)

The trial court should 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 a judgment as a matter of law.” N.C.G.S. § 1A-1, Rule 56(c) (2005). ... Plaintiff’s allegations in her sworn affidavit and verified complaint present a genuine issue of material fact as to whether there was love and affection following her separation from Byron.

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

Dawbarn v. Dawbarn · filed 2006-02-07Rule 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) (2005).

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.

Grayson v. High Point Development Ltd. Partnership · filed 2006-02-07Rule 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) (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.

Navistar Financial Corp. v. Tolson · filed 2006-02-21Rule 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.”

Under Rule 56(c), summary judgment is improper when evidence viewed in the light most favorable to the nonmoving party raises a genuine issue of material fact.

Kornegay v. Robinson · filed 2006-02-21Rule 56(c)

Plaintiff's affidavit as to her lack of knowledge of the extent of both decedent's land holdings and business enterprises, when considered in the light most favorable to plaintiff as the non-movant, is sufficient to create a material issue of fact as to whether full disclosure was made prior to the signing of the agreement. Plaintiff has therefore shown error in the trial court's grant of summary judgment.

Rule 56(c) permits summary judgment on damages when there is no genuine issue of material fact as to their amount.

Sylva Shops Ltd. Partnership v. Hibbard · filed 2006-01-17Rule 56(c)

Defendants do not cite any authority-and we know of none - that prohibits entry of summary judgment on the issue of damages when there is no genuine issue of material fact as to those damages. Since defendants did not argue to the trial court and do not argue on appeal any basis for challenging plaintiff's calculation of its damages, we hold that the trial court properly entered summary judgment on that issue.

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.

Shavitz v. City of High Point · filed 2006-05-16Rule 56(c)

Summary judgment is proper ... that any party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2005).

A party moving for summary judgment may meet its burden by showing that the opposing party cannot overcome an affirmative defense.

Hodge v. Harkey · filed 2006-06-20Rule 56(c)

The moving party may meet this burden by showing that the “plaintiff cannot surmount an affirmative defense raised in bar of its claim.”

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.

Duke Energy Corp. v. Malcolm · filed 2006-06-20Rule 56(c)

Under N.C. Gen.Stat. § 1A-1, Rule 56(c) (2005), 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."

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.

City of Lumberton v. U.S. Cold Storage · filed 2006-07-05Rule 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) (2005). ... Genuine issues of material fact exist as to whether defendant violated Code § 23-1. Consequently, we remand to the trial court for more findings of fact regarding defendant's alleged breach of Code § 23-1.

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.

Bombardier Capital, Inc. v. Lake Hickory Watercraft, Inc. · filed 2006-07-18Rule 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) (2005).

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.

Wynn v. N.C. Department of Correction · filed 2006-07-27Rule 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) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Carter-Hubbard Publishing Co. v. WRMC Hospital Operating Corp. · filed 2006-08-01Rule 56(c)

On review of a motion for summary judgment, this Court considers whether "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that any party is entitled to judgment as a matter of law." N.C. Gen.Stat. § 1A-1, Rule 56(c) (2005). In this case, there were no genuine issues of material fact and summary judgment was appropriate.

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.

King v. Windsor Capital Group, Inc. · filed 2006-08-01Rule 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) (2005).

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

Nelms v. Davis · filed 2006-08-15

Summary judgment is only appropriate when there are no genuine issues of material fact and any party is 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.

Griggs v. Shamrock Building Services, Inc. · filed 2006-09-19Rule 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 a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2005). ... The trial court erred by granting summary judgment for Defendant, and because genuine issues of material fact remain, we remand the matter to the trial court.

Rule 56 permits a court to resolve sovereign immunity as an affirmative defense on summary judgment.

Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services · filed 2006-09-19Rule 56(c)

As sovereign immunity is an affirmative defense, the issue may properly be addressed pursuant to the grant of summary judgment.

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

Griffin v. Holden · filed 2006-11-07Rule 56(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 judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2005).

Rule 56(e) requires a party opposing summary judgment to set forth specific facts showing a genuine issue for trial.

Country Boys Auction & Realty Co. v. Carolina Warehouse, Inc. · filed 2006-11-07Rule 56(e)

Moyes has not forecast any evidence demonstrating that he will be able to make out a prima facie case that the contract for sale was commercially unreasonable and sets forth no specific facts showing that there is a genuine issue for trial.

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.

Progressive v. Geico · filed 2006-12-05Rule 56(c)

Granting 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) (2005). ... Based on our review of the record, summary judgment was proper by the trial court.

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.

Rentenbach Constructors, Inc. v. CM Partnership · filed 2007-01-02Rule 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) (2005).

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.

Jones v. Town of Angier · filed 2007-01-02Rule 56(c)

Granting 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) (2005).

Rule 56(c) warrants summary judgment when the party bearing the burden of proof cannot produce evidence supporting each essential element of its claim.

In Re Will of Jones · filed 2007-01-15Rule 56(c)

However, if the party with the burden of proof cannot prove the existence of each essential element of its claim or cannot produce evidence to support each essential element, summary judgment is warranted.

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.

Wells v. Cumberland County Hospital System, Inc. · filed 2007-02-06Rule 56(c)

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

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

Inland Construction Co. v. Cameron Park II, Ltd. · filed 2007-02-06Rule 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) (2005). ... Defendant’s evidence does not demonstrate any prejudicial change in position as a result of the Hawkins email. Therefore, Defendant’s equitable estoppel defense must fail, and the trial court properly granted summary judgment in favor of Plaintiff.

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.

Esposito v. Talbert & Bright, Inc. · filed 2007-02-20Rule 56(c)

Under Rule 56(c) of the North Carolina Rules of Civil Procedure, 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.” ... Therefore, plaintiff has failed to forecast evidence demonstrating he will be able to make out at least a prima facie case at trial and the trial court did not err in granting summary judgment for defendants as to plaintiffs claim for tortious interference with contract.

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. Miss America Organization · filed 2007-03-20Rule 56(c)

Summary judgment should be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2005).

Rule 56(c) makes summary judgment improper when disputed material facts require a jury to resolve them.

Vecellio & Grogan, Inc. v. Piedmont Drilling & Blasting, Inc. · filed 2007-05-01Rule 56(c)

As this case appears before us on appeal from summary judgment, the question before us is whether a genuine issue of material fact exists. ... These arguments present questions of fact for a jury to resolve, and as such summary judgment was improper.

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.

Carter v. Marion · filed 2007-06-05Rule 56(c)

Granting 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) (2005).

Rule 56(c) permits summary judgment when the evidence, viewed in the light most favorable to the non-moving party, shows no genuine issue of material fact.

Beddard v. Mcdaniel · filed 2007-06-05Rule 56(c)

Summary judgment is properly granted when the evidence, viewed in the light most favorable to the non-moving party, shows no genuine issue of material fact.

Rule 56 does not permit summary judgment on a breach of contract claim when the evidence raises a genuine issue of material fact, unless an affirmative defense entitles the movant to judgment.

Griffith v. Glen Wood Co., Inc. · filed 2007-06-19Rule 56

This evidence is sufficient to raise a genuine issue of material fact as to the breach of contract claim. Defendant is therefore not entitled to summary judgment on the breach of contract claim unless it asserts an affirmative defense which plaintiff cannot overcome.

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.

CB&H Business Services, L.L.C. v. J.T. Comer Consulting, Inc. · filed 2007-07-17Rule 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."

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.

Reidy v. Whitehart Ass'n, Inc. · filed 2007-08-07Rule 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) (2005).

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

Farley v. Holler · filed 2007-08-07Rule 56(c)

We conclude that there is no genuine issue as to any material fact, and the court properly granted summary judgment in favor of 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.

Christopher v. North Carolina State Univ. · filed 2007-08-10Rule 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) permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Britt v. State · filed 2007-09-04Rule 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) (2005). ... Taking the evidence in the light most favorable to plaintiff, the trial court did not err in granting defendant's motion for summary judgment. There is no dispute between the parties as to the fact that plaintiff is a convicted felon.

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.

Childress v. Yadkin County · filed 2007-09-18Rule 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 [a] 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.

Hicks v. Wake County Board of Education · filed 2007-12-04Rule 56(c)

Under Rule 56(c) of the North Carolina Rules of Civil Procedure, 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.”

Rule 56 does not permit summary judgment when genuine issues of material fact remain.

Daye v. North Carolina Central University · filed 2007-12-04

Because issues of material fact exist, the Full Commission concludes that summary judgment in this matter was improvidently granted by the Deputy Commissioner. N.C. Gen. Stat. § 1A-1 , Rule 56.

Under Rule 56, summary judgment is appropriate when the evidence forecast shows that a party cannot establish a prima facie case at trial.

SE JURISDICTIONAL ADMIN'VE CNCL. v. Emerson · filed 2008-01-15

"Where the forecast of evidence available demonstrates that a party will not be able to make out at least a prima facie case at trial, no genuine issue of material fact exists and summary judgment is appropriate." ... As such, the trial court's dismissal of the claim was proper, and we overrule this assignment of error.

Rule 56(c) warrants summary judgment when a party with the burden of proof cannot produce evidence supporting each essential element of its claim.

In re the Will of Jones · filed 2008-01-15Rule 56(c)

However, if the party with the burden of proof cannot prove the existence of each essential element of its claim or cannot produce evidence to support each essential element, summary judgment is warranted.

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.

Tripp v. City of Winston-Salem · filed 2008-02-05Rule 56(c)

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

Rule 56(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Jones v. Miles · filed 2008-03-18Rule 56(c)

A trial court should grant a motion for summary judgment if, when taken in the light most favorable to the non-moving party, "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 a party's unequivocal prior testimony is a binding judicial admission that defeats the claim.

Hash v. Estate of Henley · filed 2008-05-20Rule 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) (2005). ... Therefore, his statements constitute judicial admissions by which he is bound. Thus, the trial court's granting of summary judgment against him was proper.

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.

CIM Ins. Corp. v. Cascade Auto Glass, Inc. · filed 2008-06-03Rule 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.”

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.

Luther v. Seawell · filed 2008-06-17Rule 56(c)

“Summary judgment is appropriate ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any show that there is no genuine issue as to any material fact and that [a] party is entitled to a judgment as a matter of law.’ ” ... As such, it appears that plaintiffs made material misrepresentations to obtain the policy and, therefore, the trial court was correct in granting summary judgment on that claim.

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

Azar v. Presbyterian Hospital · filed 2008-07-15Rule 56(c)

Because plaintiff failed to forecast evidence demonstrating causation, defendants were 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.

Lord v. Beerman · filed 2008-07-15Rule 56(c)

A trial court should grant a motion for 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 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) (2007). ... Plaintiff has not met his burden in this case. We therefore hold that the trial court did not err in granting the Beerman and Wake Forest Defendants’ motions for summary judgment.

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

Foster v. NASH-ROCKY MOUNT CTY. BD. OF EDUC. · filed 2008-07-15Rule 56

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

Rule 56(e) requires a party opposing a supported summary judgment motion to present specific evidence of a genuine factual dispute; summary judgment may be entered if the party fails to do so.

Thomas v. Herring · filed 2008-12-02Rule 56(e)

In sum, plaintiffs supported their motion for summary judgment by affidavit and other evidence which supported entry of summary judgment in their favor. Defendant neglected to counter plaintiffs' evidence either before or at the hearing. Consequently, the trial court did not err in granting summary judgment in plaintiffs' favor based on plaintiffs' unopposed evidence.

Rule 56 permits summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law; when appropriate, judgment may be entered against the moving party.

Barfield v. N.C. Dep. of Crm. Ctrl. and Pub. Saf · filed 2009-01-08

Rule 56 of the North Carolina Rules of Civil Procedure allows summary judgment if the pleadings and other specified documents "show that there is no genuine issue of material fact and that any party is entitled to a judgment as a matter of law." Rule 56 further states that "[s]ummary judgment, when appropriate, may be rendered against the moving party." In this case, Plaintiff seeks summary judgment; however, Defendant contends that rather than Plaintiff obtaining summary judgment against it, summary judgment must be granted against Plaintiff. Defendant is not entitled to summary judgment against Plaintiff.

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

Barfield v. Dept. of Crime Control · filed 2009-01-08Rule 56

Rule 56 further states that "[s]ummary judgment, when appropriate, may be rendered against the moving party." In this case, Plaintiff seeks summary judgment; however, Defendant contends that rather than Plaintiff obtaining summary judgment against it, summary judgment must be granted against Plaintiff. Defendant is not entitled to summary judgment against Plaintiff.

Rule 56 places the burden of showing no triable factual issue on the moving party, who may meet it by showing that an affirmative defense bars the claim.

Greene v. Barrick · filed 2009-08-04Rule 56(c)

The burden of showing that no triable issue of fact exists rests upon the moving party. ... One means of carrying this burden is to show that the non-moving party cannot surmount an affirmative defense which would bar the claim.

Rule 56 does not permit an unsworn response to a request for production to be considered on summary judgment.

Asheville Sports Properties, LLC v. City of Asheville · filed 2009-09-01

As that response is unsworn, it does not fall within the scope of materials permitted to be considered under Rule 56.

Cross-motions for summary judgment can establish that the parties concede no genuine factual dispute.

Charlotte-Mecklenburg Hospital Authority v. North Carolina Department of Health & Human Services · filed 2009-11-17Rule 56(c)

Summary judgment is appropriate if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2007). By submitting cross-motions for summary judgment, the parties have effectively conceded that there is no genuine issue of material fact.

Rule 56(c) requires the court to deny summary judgment when a genuine issue of material fact exists.

Daily Express, Inc. v. Beatty · filed 2010-02-16Rule 56(c)

The trial court may not resolve issues of fact in deciding a motion for summary judgment and must deny the motion if there is a genuine issue as to any material fact. ... As we understand the record, there are no genuine issues of material fact in dispute between the parties.

Summary judgment requires no genuine issue of material fact and entitlement to judgment as a matter of law; once the moving party shows no triable issue, the opposing party must identify specific facts showing one.

Huber Engineered Woods, LLC v. Canal Insurance · filed 2010-03-16Rule 56

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." The moving party bears the burden of demonstrating the lack of triable issues of fact. Once the movant satisfies its burden of proof, the burden then shifts to the non-movant to present specific facts showing triable issues of material fact.

Under Rule 56(c), findings accompanying summary judgment should identify uncontested facts, not resolve contested facts.

WAR EAGLE, INC. v. Belair · filed 2010-06-15(c)

When this is done, any findings should clearly be denominated as “uncontested facts” and not as a resolution of contested facts.

Summary judgment may be entered when the nonmoving party fails to allege or forecast evidence supporting every element of its claim.

One Beacon Insurance v. United Mechanical Corp. · filed 2010-10-19Rule 56(c)

As a result, summary judgment may be entered against a party if the nonmovant fails to allege or forecast evidence supporting all the elements of his 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.

George v. Greyhound Lines, Inc. · filed 2011-03-15Rule 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.” ... Accordingly, we conclude that the trial court did not apply the incorrect legal standard in granting Defendants’ motion for partial summary judgment.

Rule 56 permits summary judgment only when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law; the jury resolves conflicts in the evidence.

Boyce & Isley, PLLC v. Cooper · filed 2011-05-03Rule 56(c)

However, it is the role of the jury to resolve conflicts in the evidence, not the trial court at summary judgment. Under Rule 56, the trial court can grant summary judgment only where “there is no genuine issue as to any material fact” and a party “is entitled to a judgment as a matter of law.”

Rule 56 leaves disputed facts and witness credibility for the trier of fact rather than the court deciding summary judgment.

Charlotte-Mecklenburg Hospital Authority v. Talford · filed 2011-08-02Rule 56

We hold only that it is the province of the trier of fact at trial, not the trial court on summary judgment, to weigh the evidence and assess the credibility of the witnesses.

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, including when the claimant lacks evidence of an essential element.

Plouff v. Winston-Salem State University · filed 2011-08-08Rule 56(c)

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. ... As there are no genuine issues of any material fact and Plaintiff has failed to produce evidence of the essential elements of negligence, Defendant's Motion for Summary Judgment is GRANTED.

Rule 56 permits summary judgment on an affirmative defense when the undisputed facts entitle a party to judgment as a matter of law.

Hindman v. Appalachian State University · filed 2012-03-20Rule 56

Summary judgment can be granted based upon an affirmative defense raised by the defendant “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,” ... There is no dispute about the facts as to the relief sought by plaintiffs.

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

Sanford v. Williams · filed 2012-06-05Rule 56(c)

“Summary judgment, when appropriate, may be rendered against the moving party.”

Rule 56 gives a trial court discretion over evidence on summary judgment, but does not permit it to flatly refuse competent, potentially relevant evidence offered by a party.

Timber Integrated Investments, LLC v. Welch · filed 2013-02-19Rule 56

Rule 56 gives the trial court discretion over whether to consider certain evidence when ruling on a summary judgment motion. That discretion is not so broad, however, as to allow the trial court to flatly refuse to consider competent and potentially relevant evidence that has been offered by one of the parties.

Speculation does not create a genuine issue of material fact under Rule 56(c); the party opposing summary judgment must forecast specific facts.

Ocwen Loan Servicing, LLC v. Hemphill · filed 2015-09-15Rule 56(c)

This speculation amounts to “allegations” and not the required “forecast of evidence demonstrating specific facts.” As such, we reject defendant’s argument that there is a question of material fact relating to whether there was a mutual mistake in the drafting of the deed.

Rule 56 requires evidence based on personal knowledge to establish a genuine issue of material fact at summary judgment.

TD Bank, N.A. v. Williams · filed 2016-06-07(e)

Finding no other verified evidence in the record supporting Williams’s property value claim, we hold Williams fails to forecast evidence sufficient to create a question of material fact. Because Williams did not base the value of the property on his personal knowledge and because we have no alleged value from Williams at the time of sale, there is a lack of evidence to support Williams’s claims that the property was worth more than the value obtained at the foreclosure sale.

A party moving for summary judgment can establish the absence of a triable issue by showing that an essential element of the opposing claim is missing; the opposing party must then forecast specific facts supporting a prima facie case.

Baker v. Gibbons · filed 2017-01-17Rule 56(c)

Defendants established the lack of a triable issue by proving that an essential element of plaintiff's negligence claim was absent. Plaintiff, in turn, failed to produce a forecast of evidence demonstrating specific facts showing a prima facie case for trial. The trial court, therefore, properly granted summary judgment in favor of Mr. Strong and Sandhills Emergency Physicians, P.A.

Rule 56 permits summary judgment on accord and satisfaction when no genuine issue of material fact remains.

Hogue v. Cruz · filed 2018-05-01Rule 56

There is no genuine issue of material fact; the trial court properly granted summary judgment for defendant Cruz on accord and satisfaction.

Rule 56(c) permits summary judgment when the plaintiff fails to produce specific facts supporting every element of a claim.

McClease v. Dover Volunteer Fire Dept. · filed 2018-06-19(c)

Plaintiff failed to meet her burden to set forth specific facts establishing every element of her negligence claim. Therefore, defendant was entitled to judgment as a matter of law.

Under Rule 56(c), a summary judgment movant must show that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law, even when the opposing party fails to respond.

Hampton v. Hanzel · filed 2018-06-29Rule 56(c)

Notwithstanding Hanzel’s failure to respond, to be entitled to summary judgment, Plaintiffs, as movants, must carry their burden of demonstrating that there is “no genuine issue as to any material fact and that [Plaintiffs are] 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 the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Hamby v. Thurman Timber Co. · filed 2018-07-17Rule 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) (2017). ... Accordingly, there existed no genuine issue of material fact and defendants were entitled to summary judgment on plaintiff’s claim for trespass to land.

A motion to enforce a settlement agreement in the original action is treated as a summary judgment motion; the movant must show no genuine issue of material fact and entitlement to judgment as a matter of law.

Preiss v. Wine and Design Franchise, LLC · filed 2018-08-20Rule 56(c)

When a party seeks to enforce the settlement agreement by motion in the original action, the motion is treated as a motion for summary judgment. ... “Summary judgment is appropriate when ‘there is no genuine issue as to any material fact’ and ‘any party is entitled to a judgment as a matter of law.’” Builders Mut. Ins. Co. v. N. Main Constr., Ltd., 361 N.C. 85, 88, 637 S.E.2d 528, 530 (2006) (quoting N.C. Gen. Stat. § 1A-1, Rule 56(c)). ... Defendants have failed to carry their burden of establishing that there is no genuine issue of material fact and that the Parties reached a final and binding settlement agreement.

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.

Nationstar Mortg., LLC v. Dean · filed 2018-09-18Rule 56(c)

The Deans have failed to show any genuine issues of material fact exists to preclude summary judgment for Nationstar.

A party waives an objection to summary judgment materials that were not filed with the clerk if the party fails to object when they are submitted to the trial court.

French Broad Place, LLC v. Asheville Sav. Bank · filed 2018-06-05Rule 56

Plaintiff has offered no argument to support its notion that this Court should treat the disputed materials here any differently than other materials that do not conform to the requirements of Rule 56, and for which a party fails to make a timely objection before the trial court. Plaintiff was required to object to the disputed material’s failure to be filed and failed to do so.

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.

Lambert v. Morris · filed 2018-12-04Rule 56(c)

Rule 56 of the North Carolina Rules of Civil Procedure provides that any party is entitled to judgment as a matter of law “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact[.]” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2017). ... Therefore, defendants have successfully rebutted plaintiffs’ allegations of tortious conduct and demonstrated that there exist no genuine issues of material fact.

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

Morrell v. Hardin Creek, Inc. · filed 2018-12-07Rule 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) (2017).

Rule 56(c) precludes summary judgment when ambiguity about testamentary intent creates a genuine issue of material fact for the jury.

In re Will of Allen · filed 2018-12-07Rule 56(c)

The term “beginning,” however, is sufficiently ambiguous to create a genuine issue of material fact sufficient to preclude summary judgment as to whether that provision indicates the required present testamentary intent.

Once the summary judgment movant meets its initial burden, Rule 56(e) requires the opposing party to set forth specific facts showing a genuine issue for trial rather than rely on an unverified answer.

Bank of Am., N.A. v. McFarland · filed 2018-12-18Rule 56(e)

Defendant failed to meet his burden of production under Rule 56(e) because he failed to respond to Plaintiff’s filings, instead resting on the allegations and denials included in his unverified answer.

Rule 56(e) requires a party opposing a supported summary judgment motion to produce evidence of a genuine factual dispute rather than rely on its complaint.

Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar · filed 2019-03-19Rule 56(e)

Where defendants have presented evidence supporting a summary judgment motion, plaintiff cannot rely on its complaint but must produce evidence to create a genuine issue of material fact.

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.

Swint by and Through Brown v. Doe · filed 2019-04-16Rule 56(c)

Summary judgment is proper when "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. Gen. Stat. § 1A-1, Rule 56(c) (2018). ... There is no evidence in the record contradicting the evidence offered by Ms. Swint. Therefore, the trial court did not err in granting summary judgment on Ms. Swint's claim establishing Mr. Johnson's paternity.

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.

Hills Mach. Co., LLC v. Pea Creek Mine · filed 2019-05-21Rule 56(c)

Viewed in the light most favorable to JOC, no genuine issues of material fact exist with respect to JOC’s claims for breach of warranty, fraud, and UDTP. The trial court correctly ruled Case was entitled to summary 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.

Sykes v. Health Network Solutions, Inc. · filed 2019-06-14Rule 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) (2017).

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

Crazie Overstock Promotions, LLC v. State · filed 2019-06-18Rule 56(c)

A grant of summary judgment is proper when there is no genuine issue of material fact.

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.

Davis & Taft Architecture, P.A. v. DDR-Shadowline · filed 2019-11-19Rule 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) (2017). ... Therefore, no issues of material fact exist, and the trial court properly granted summary judgment in favor of Davis & Taft as to its claim for breach of contract.

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.

Stevens v. Heller · filed 2019-12-03Rule 56

The trial court correctly concluded that Defendants were entitled to judgment as a matter of law where there is no genuine issue of material fact that Mr. Stevens failed to exercise reasonable diligence prior to consummating the purchase from the Hellers.

Rule 56(c) requires denial of summary judgment when the evidence, viewed in the light most favorable to the nonmoving party, presents a genuine issue of material fact.

Daughtridge v. Tanager Land, LLC · filed 2019-12-06Rule 56(c)

In interpreting all the forecasted evidence in the light most favorable to the nonmoving party, plaintiffs have established a prima facie case and presented sufficient evidence to withstand a summary judgment motion.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact.

Gen. Fid. Ins. Co. v. WFT · filed 2020-01-07Rule 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.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2017). ... In sum, both the record and Fleming’s actions establish no genuine issue of material fact, and therefore Plaintiff was entitled to summary judgment on its claim for breach of fiduciary duty/constructive fraud.

Rule 56 requires summary judgment to be denied when the evidence, viewed in the nonmoving party’s favor, presents a genuine issue of material fact.

Shepard v. Catawba Coll. · filed 2020-02-18Rule 56

Because plaintiff has forecast evidence -- viewed in the light most favorable to her and giving her the benefit of any inferences from the evidence -- which presents a genuine issue of material fact as to defendant’s negligence as the proximate cause of her injuries sustained in her fall on defendant’s bleachers, we reverse and remand for further proceedings.

Under Rule 56(e), unverified filings containing only allegations do not create a triable issue of fact in the face of contradictory evidence.

Green v. Black · filed 2020-03-03Rule 56(e)

Defendant’s pro se filings reflected within the record on appeal are not verified. Accordingly, Defendant’s filings contain mere allegations, which are not evidence, and do not create triable issues of fact in the face of contradictory evidence.

Rule 56(c) does not permit summary judgment when competing reasonable interpretations of material contract language leave an issue for trial.

Pender Farm Dev., LLC v. Ndco, LLC · filed 2020-04-07Rule 56(c)

This conclusion alone renders the Court incapable of resolving these claims on summary judgment.

Rule 56(c) precludes summary judgment when disputed facts prevent the movant from establishing entitlement to judgment as a matter of law.

Frye Reg'l Med. Ctr., Inc. v. Blue Cross Blue Shield of N.C., Inc. · filed 2020-04-17Rule 56(c)

The Court concludes that there are disputed issues of fact that prevent entry of summary judgment in BCBSNC’s favor on its estoppel defense.

Rule 56(c) permits summary judgment when the plaintiff lacks evidence of an essential element and no genuine issue of material fact remains.

Monroe v. Rex Hosp. · filed 2020-06-16Rule 56(c)

Plaintiff failed to establish a prima facie case because he did not prove that Dr. Cromartie’s alleged negligence was a proximate cause of Ms. Hamilton’s death. ... There is no genuine issue of material fact. Accordingly, summary judgement was properly granted, and the trial court’s order is affirmed.

Rule 56(c) does not permit summary judgment when a genuine issue of material fact remains about whether an officer used excessive force.

Bartley v. City of High Point · filed 2020-07-07Rule 56(c)

Here, there is a question of material fact as to whether Officer Blackman used unnecessary and excessive force in the course of detaining plaintiff after plaintiff ignored commands to get back into his car, such that Officer Blackman acted contrary to his duty.

Rule 56(e) requires a party opposing a supported summary judgment motion to present specific facts showing a genuine issue for trial rather than rely on the pleadings.

Smith v. Smith · filed 2020-07-21Rule 56(e)

Nevertheless, these claims could not survive a motion for summary judgment without a forecast of evidence that Charles breached his fiduciary duty to Ruth. See N.C. Gen. Stat. § 1A-1, Rule 56(e) (“When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.”).

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

Klos Constr., Inc. v. Premier Homes & Props., LLC · filed 2020-07-21Rule 56(c)

The moving party bears the burden of presenting evidence which shows that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Rule 56(c) bars summary judgment when evidence of multiple possible proximate causes leaves a genuine issue of material fact for the jury.

Da Silva v. WakeMed · filed 2020-08-14Rule 56(c)

In a case like this one where the allegations in the complaint and the evidence in the record indicate that there may be multiple proximate causes of the plaintiff’s injury, a genuine issue of material fact remains, and summary judgment is not proper.

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.

D C Custom Freight, LLC v. Tammy A. Ross & Assocs. · filed 2020-09-01Rule 56

Summary judgment is properly granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56 (2019). ... We conclude that the trial court properly granted summary judgment on Plaintiff’s negligence 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.

Volvo Grp. N. Am. v. Roberts Truck Ctr., Ltd. · filed 2020-10-14Rule 56(c)

In ruling on a motion for summary judgment under Rule 56(c) of the North Carolina Rules of Civil Procedure, the Court will grant summary judgment where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” N.C.G.S. § 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when the material facts and policy language are undisputed and coverage can be decided as a matter of law.

N.C. Farm Bureau Mut. Ins. Co., Inc. v. Martin · filed 2020-12-18Rule 56(c)

The parties here do not dispute either the material facts of the case or the pertinent language of the Policy. Therefore, we agree that this case was appropriate for resolution by summary judgment.

Rule 56(c) permits summary judgment when the opposing party cannot produce substantial evidence of an essential element of its claim, leaving no genuine issue of material fact for trial.

Curlee v. Johnson · filed 2021-04-16Rule 56(c)

Summary judgment is proper 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) (2019). ... Landlord has met his burden of showing through discovery that plaintiff cannot produce substantial evidence to support an essential element of his claim—i.e., that landlord knew Johnny posed a danger before the 17 March 2015 bite. Thus, plaintiff has failed to show that a genuine issue of material fact exists for trial. As such, landlord is entitled to judgment as a matter of law.

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

Benson v. Prevost · filed 2021-05-18Rule 56(c)

Summary judgment is appropriate when there is no genuine issue of material fact; and we review a summary judgment order de novo.

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.

Murray v. Deerfield Mobile Home Park · filed 2021-05-18Rule 56(c)

North Carolina Rule of Civil Procedure 56(c) entitles a movant to obtain summary judgment upon demonstrating “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits” shows there is “no genuine issue as to any material fact” and the movant 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.

Albritton v. Albritton Prop. Assocs., Ltd. P'ship · filed 2021-06-07Rule 56(c)

“Summary judgment is appropriate ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with 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.’” Variety Wholesalers, Inc. v. Salem Logistics Traffic Servs., LLC, 365 N.C. 520, 523 (2012) (quoting N.C.G.S. § 1A-1, Rule 56(c)).

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

Med1 Nc Servs., LLC v. Med1 Plus, LLC · filed 2021-06-24(c)

“Summary judgment is appropriate ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with 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.’”

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.

Encompass Servs., Pllc v. Maser Consulting P.A. · filed 2021-06-28Rule 56(c)

Summary judgement 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 based on materials in the record even when the movant did not make specific legal arguments about each claim in a memorandum or at the hearing.

Anton v. Anton · filed 2021-07-06Rule 56(c)

The trial court was permitted to enter summary judgment based upon these materials and the other materials in the record, regardless of whether Defendants made specific legal arguments concerning these claims in memoranda or at the summary judgment hearing.

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

S. Env't Law Ctr. v. N.C. Railroad Co. · filed 2021-08-13Rule 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.G.S. § 1A-1, Rule 56(c) (2019). As both parties have acknowledged in their briefs, the record in this case does not reveal the existence of a disputed issue of material fact.

Rule 56(c) prevents summary judgment when a genuine issue of material fact remains, viewed in the light most favorable to the non-moving party.

Duke Energy Carolinas · filed 2021-10-19Rule 56(c)

We cannot affirm a trial court’s summary judgment order if a “genuine issue as to any material fact” remains when viewed in the 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.

Cummings v. Carroll · filed 2021-12-17Rule 56(c)

The entry of an order granting summary judgment in favor of a particular party 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) (2019).

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.

N.C. Farm Bureau Mut. Ins. Co. v. Dana · filed 2021-12-17Rule 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.G.S. § 1A-1, Rule 56(c) (2019).

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.

Davis v. Lake Junaluska Assembly · filed 2022-01-18Rule 56(c)

North Carolina Rule of Civil Procedure 56(c) allows a moving party to obtain summary judgment upon demonstrating “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits” show they are “entitled to a judgment as a matter of law” and “there is no genuine issue as to any material fact.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2021). ... Plaintiff’s forecast of evidence does not establish a genuine issue of material fact exists.

Rule 56 summary judgment standards apply to a motion for declaratory judgment, which may be denied as premature when the factual record remains incomplete.

Woodcock v. Cumberland Cnty. Hosp. Sys., Inc. · filed 2022-01-20Rule 56

Accordingly, in evaluating Plaintiffs’ Motion for Declaratory Judgment, the Court deems it appropriate to utilize the standards applicable to the determination of a summary judgment motion. ... Therefore, the Court CONCLUDES that the Motion for Declaratory Judgment should be DENIED, without prejudice, as premature.

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.

Bryant v. Wake Forest Univ. Baptist Med. Ctr. · filed 2022-02-15Rule 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(c), Rule 56 (2021).

Rule 56(c) precludes summary judgment when genuine issues of material fact remain after the evidence is viewed in the nonmoving party’s favor.

Dep't of Transp. v. Bloomsbury Est. · filed 2022-02-15Rule 56(c)

Viewed in the light most favorable to the Association and giving it the benefit of any disputed inferences, Developer was not entitled to summary judgment and the allocation of funds based upon disputed facts in the appraisals. These genuine issues of material fact preclude and survive Developer’s motion for summary judgment.

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

Galloway v. Snell · filed 2022-03-15(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) (2020).

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

TAC Stafford · filed 2022-04-05(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 the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Fleming v. Horner · filed 2022-05-24Rule 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.G.S. § 1A-1, Rule 56(c).

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.

Archie v. Durham Pub. Sch. Bd. of Educ. · filed 2022-06-07(c)

Summary judgment is appropriately entered “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) (2021).

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.

Cabrera v. Harvest Street Holdings · filed 2022-07-05Rule 56(c)

Viewing the evidence in the light most favorable to Plaintiffs, we hold no triable issue exists as to their claims to quiet title and for quantum meruit. We hold the trial court properly granted summary judgment 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.

Cty. of Moore v. Acres · filed 2022-07-05(c)

Summary judgment is appropriate where “the pleadings, depositions, answers to interrogatories, and admissions on file 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) (2021).

Rule 56(c) permits summary judgment on a declaration when its terms are unambiguous and no genuine issue of material fact remains.

Grooms Prop. Mgmt. · filed 2022-07-19Rule 56(c)

A genuine issue of material fact arises only when an ambiguity in a contract’s terms requires the factfinder to discern the parties’ intent from the evidence.