Executive Leasing Associates, Inc. v. Rowland

CLARK, Judge.

The issue presented upon appeal is whether the trial court erred in granting defendants’ motion for summary judgment.

G.S. 1A-1, Rule 56 provides for a summary judgment if there is no genuine issue as to any material fact and if any party is entitled to judgment as a matter of law.

Summary judgment is a drastic remedy, and its requirements must be carefully observed in order that no person be deprived of a trial on a genuinely disputed issue. The party moving for a summary judgment has the burden of establishing the lack of a triable issue of material fact by the record properly…