[DOWNLOAD] "Ncnb National Bank of North Carolina v. Western Surety Co." by Court of Appeals of North Carolina No. 8728SC233 # eBook PDF Kindle ePub Free

eBook details

Title: Ncnb National Bank of North Carolina v. Western Surety Co.
Author : Court of Appeals of North Carolina No. 8728SC233
Release Date : January 16, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Defendant contends the trial court erred in denying its motion for summary judgment and in granting plaintiff's motion for summary judgment. We disagree. ""The judge's role in ruling on a motion for summary judgment is to determine whether any material issues of fact exist that require trial. It necessarily follows that when the only issues to be decided in the case are issues of law, summary judgment is proper."" Wachovia Mortgage Co. v. Autry-Barker-Spurrier Real Estate, Inc., 39 N.C. App. 1, 3-4, 249 S.E.2d 727, 729 (1978). The burden is on the movant to show the lack of any triable issue of fact. North Carolina National Bank v. Gillespie, 291 N.C. 303, 230 S.E.2d 375 (1976).