Presnell v. Trollinger Investment Co.

BRITT, Judge.

Plaintiffs assign as error the entry of summary judgment in favor of defendant as to the 3.02 acre tract for the reason that plaintffs were not given notice of the time and place of the hearing of the motion for summary judgment. We think the court erred in entering summary judgment but for reasons more substantial than that given by plaintiffs, therefore, we do not reach the question of notice.

Summary judgment is provided for by G.S. 1A-1, Rule 56. Subsection (c) provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to…