Legal Opinion

Mace v. Bryant Construction Corp.

Court of Appeals of North Carolina

Decided August 19, 1980No. 7930SC248PublishedCited by 18 opinions

1Opinion of the Court

PARKER, Judge.

We note at the outset that although the summary judgment adjudicated fewer than all of the claims involved in this suit, the trial court found that “there [was] no just reason for delaying entry of final judgment” on the lien claim or the fraudulent conveyance claim. The judgment was final as to those claims and immediate right of appeal lies therefrom. G.S. 1A-1, Rule 54(b); see Oestreicher v. Stores, 290 N.C. 118, 225 S.E. 2d 797 (1976).

It is well established that, upon a motion for summary judgment, the movant “has the burden of showing that there is no triable issue of fact…

2Cases cited8 opinions

  1. Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
  2. Pitts v. Village Inn Pizza, Inc.Supreme Court of North Carolina · 1978
  3. Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.Supreme Court of North Carolina · 1978
  4. Charlotte Pipe & Foundry Co. v. Southern Aluminum Co.Supreme Court of North Carolina · 1916
  5. Butler v. BerkeleyCourt of Appeals of North Carolina · 1975

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.Supreme Court of North Carolina · 1991
  2. Peace River Electric Cooperative, Inc. v. Ward Transformer Co.Court of Appeals of North Carolina · 1994
  3. Watson Electrical Construction Co. v. Summit Companies, LLCCourt of Appeals of North Carolina · 2003
  4. Holley v. Burroughs Wellcome Co.Court of Appeals of North Carolina · 1985
  5. Con Co, Inc. v. Wilson Acres Apartments, Ltd.Court of Appeals of North Carolina · 1982

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