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SYMONS CORP. v. QUALITY CONCRETE CONST., INC.

No. 911SC976.

422 S.E.2d 365 (1992)

108 N.C. App. 17

SYMONS CORPORATION, Plaintiff-Appellee, v. QUALITY CONCRETE CONSTRUCTION, INC., Mark S. Bissell, Richard Burke, and Frank W. Rogers, Defendants-Appellants.

Court of Appeals of North Carolina.

November 3, 1992.

Attorney(s) appearing for the Case

Charles D. Coppage, Kill Devil Hills, for plaintiff, appellee. Brief signed by Herbert L. Thomas, Kill Devil Hills, who was later allowed to withdraw as counsel of record.

Aldridge, Seawell & Khoury by Joe G. Adams, Manteo, for defendants, appellants.

HEDRICK, Chief Judge.

On appeal, defendants Bissell and Rogers first contend that "[t]he trial court committed reversible error in granting summary judgment in favor of plaintiff ... because plaintiff failed to give timely notice to appellants of said motion pursuant to ... Rules 6(e) and 56(c)." We disagree.

As defendants correctly note, Rule 56(c) requires that "[t]he motion [for summary judgment] shall be served at least 10 days before the time fixed for...

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