ANDERSON v. MOORE

No. 8128SC47.

280 S.E.2d 796 (1981)

Sophie S. ANDERSON and Edward S. Anderson v. Donovan B. MOORE and wife, Patricia Moore; and Ray Franconi and wife, Lena Franconi.

Court of Appeals of North Carolina.

August 4, 1981.


Attorney(s) appearing for the Case

Lawrence T. Jones and Snyder, Leonard, Biggers & Dodd by Gary A. Dodd, Asheville, for plaintiffs-appellants.

Adams, Hendon, Carson & Crow by George Ward Hendon, Asheville, for defendants-appellees.


ARNOLD, Judge.

Plaintiffs' sole assignment of error is that the trial court erred in granting summary judgment in favor of the defendants. The party moving for summary judgment has the burden of establishing the lack of a triable issue of material fact by the record properly before the court. Rendition of summary judgment is conditioned upon a showing by the movant that there is no genuine issue as to any material fact and that the moving party is entitled to judgment...

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