[Download] "Smith v. Keator" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Keator
- Author : Supreme Court of North Carolina
- Release Date : January 01, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Rule 56 does not require the movant to set forth the grounds upon which he bases a motion for summary judgment, Conover v. Newton, 297 N.C. 506, 256 S.E.2d 216 (1979), and, of course, the very nature of the motion obviates the necessity for findings of fact. We assume that the trial judge determined defendants evidence of ratification sufficient to meet her burden of persuasion on the affirmative defense, negating the existence of any genuine issue of material fact on the allegations of incompetency and undue influence. These grounds, which we find sufficient, are dispositive. Hence, we choose only to outline the basis of our determination that evidence of plaintiffs ratification of the separation agreement resulted in a lack of triable issue of fact.
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