Symons Corp. v. Quality Concrete Construction, Inc.

HEDRICK, Chief Judge.

On appeal, defendants Bissell and Rogers first contend that “[t]he trial court committed reversible error in granting summary judgment in favor of plaintiff . . . because plaintiff failed to give timely notice to appellants of said motion pursuant to . . . Rules 6(e) and 56(c).” We disagree.

As defendants correctly note, Rule 56(c) requires that “[t]he motion [for summary judgment] shall be served at least 10 days before the time fixed for the hearing.” N.C.R. Civ. P. 56(c). Rule 6(e) allows a party an additional three days “to do some act or take some proceedings” when…