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WESTOVER PRODUCTS v. GATEWAY ROOFING

No. 8818SC882.

380 S.E.2d 375 (1989)

WESTOVER PRODUCTS, INC., Plaintiff, v. GATEWAY ROOFING CO., INC., James A. Moser and Clay A. Moser, Defendants. GATEWAY ROOFING CO., INC., Third Party Plaintiff, v. WESTOVER PRODUCTS, INC., The Carlisle Corporation, Kidde, Inc. d/b/a Walter Kidde & Company, J.M. Thompson Company, Third Party Defendants.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman by David O. Lewis, Raleigh, for third-party defendant-appellant Kidde.

Shope and McNeil by Richard I. Shope, Greensboro, for third-party defendant-appellee Westover.

ARNOLD, Judge.

Kidde first argues that the trial court committed reversible error in granting Westover's motion for summary judgment because it failed to comply with the notice requirements of N.C.G.S. § 1A-1, Rule 56 prior to any hearing on the motion.

Rule 56(c) provides that a motion for summary judgment shall be served at least ten (10) days prior to any hearing on the motion. N.C.G.S. § 1A-1, Rule...

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