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HAIR v. HALES

No. 8812DC1272.

382 S.E.2d 796 (1989)

Eugene HAIR, Jean G. Hair, J. David Gunther, Roger Holmes, Wilma Sewell, Rudolph Byrd and Kay Byrd, Plaintiffs, v. James Robert HALES, and wife, Glenda G. Hales, Defendants.

Court of Appeals of North Carolina.

September 5, 1989.

Attorney(s) appearing for the Case

Beaver, Thompson, Holt and Richardson by Jack A. Thompson, Fayetteville, for plaintiffs.

Rose, Rand, Ray, Winfrey & Gregory, P.A. by Steven J. O'Connor, Fayetteville, for defendants.

LEWIS, Judge.

The entry of summary judgment is appropriate only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law." G.S. 1A-1, Rule 56(c). The burden of establishing the absence of any issues as to a material fact rests on the moving...

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