Dendy v. Watkins

COPELAND, Justice.

Did the Court of Appeals err in reversing summary judgment entered by the trial court in favor of the defendant? The answer depends upon whether the defendant has carried the “burden of clearly establishing the lack of any triable issue of fact by the record properly before the court.” Singleton v. Stew art, 280 N.C. 460, 465, 186 S.E. 2d 400, 403 (1972). 6 Moore’s Federal Practice (2d ed. 1975) § 56.15 [3] (hereinafter cited as Moore) ; Caldwell v. Deese, 288 N.C. 375, 218 S.E. 2d 379 (1975).

Rule 56 of Chapter 1A-1 of the General Statutes in part provides:

“(b) For defending…