PLANTERS NATIONAL BANK & TRUST COMPANY v. Rush

BROCK, Judge.

Defendants assign as error plaintiff’s failure to comply with Rule 56(c) of the North Carolina Rules of Civil Procedure which provides in part: “The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits.” (Emphasis added.)

Rule 6(a) of the Rules of Civil Procedure provides:

“In computing any period of time prescribed or allowed by these rules . . . the day of the act, event, default or publication after which the designated period of time be gins to run is not to be included. The…