Raleigh Federal Savings Bank v. Godwin

WELLS, Judge.

The primary issue on appeal is whether the trial court properly granted summary judgment in favor of plaintiff. Summary judgment is proper when the pleadings, together with any depositions, interrogatories, admissions on file, and supporting affidavits show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (1983). Once the moving party has met its burden of proof, the burden shifts to the nonmoving party to establish specific facts showing that there is a genuine issue for trial.…