Walton v. Meir

MALLARD, Chief Judge.

There was no exception, assignment of error or argument about the manner in which the motion for summary judgment was made or served (it was an oral motion made in open court), or about the manner in which the hearing was conducted or testimony presented. Although it does not appear that the movants complied with G.S. 1A-1, Rule 7 (b) (1), requiring that motions made prior to a hearing or trial be in writing, or G.S. 1A-1, Rule 56(c) relating to service of motions for summary judgment, the parties stipulated that “this matter was duly heard” and that “his Honor had…