Eagle's Nest, Inc. v. Malt

HILL, Judge.

The sole issue is whether the trial court erred in granting defendant’s motion for summary judgment. We find that summary judgment was properly granted.

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