Lee v. Barksdale

PARKER, Judge.

Defendants contend the trial court erred in granting plaintiffs’ motion for summary judgment and in denying defendants’ motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). We disagree.

On a motion for summary judgment, the moving party has the burden of showing (i) the lack of a triable issue of fact and (ii) that he is entitled to judgment as a matter of law. Moore v. Crumpton, 306 N.C. 618, 295 S.E. 2d 436 (1982). The record discloses that the essential facts in this case are not in dispute. The question before the trial court was whether plaintiff Lee, as Executor,…