United States Steel Corp. v. Lassiter

BRITT, Judge.

First, defendant contends the trial court erred in granting summary judgment for the reason that the pleadings raised a genuine issue as to a material fact, namely, whether defendant is indebted to plaintiff in any amount. We find no merit in the contention.

While the party moving for summary judgment has the burden of positively and clearly showing that there is no genuine issue as to any material fact, Brawley v. Heymann, 16 N.C. App. 125, 191 S.E. 2d 366 (1972), cert. denied 282 N.C. 425, 192 S.E. 2d 835 (1972), when the movant carries that burden the opposing party may not…