NCNB National Bank v. Western Surety Co.

JOHNSON, Judge.

Defendant contends the trial court erred in denying its motion for summary judgment and in granting plaintiffs motion for summary judgment. We disagree. “The judge’s role in ruling on a motion for summary judgment is to determine whether any material issues of fact exist that require trial. It necessarily follows that when the only issues to be decided in the case are issues of law, summary judgment is proper.” Wachovia Mortgage Co. v. Autry-Barker-Spurrier Real Estate, Inc., 39 N.C. App. 1, 3-4, 249 S.E. 2d 727, 729 (1978). The burden is on the movant to show the lack of any…