Westover Products, Inc. v. Gateway Roofing, Inc.

ARNOLD, Judge.

Kidde first argues that the trial court committed reversible error in granting Westover’s motion for summary judgment because it failed to comply with the notice requirements of N.C.G.S. § 1A-1, Rule 56 prior to any hearing on the motion.

Rule 56(c) provides that a motion for summary judgment shall be served at least ten (10) days prior to any hearing on the motion. N.C.G.S. § 1A-1, Rule 56(c). Notice may be waived, however, by participation in the hearing and by a failure to object to the lack of notice or failure to request additional time by the non-moving party. Raintree…