In making this determination, the court must view the evidence and the inferences drawn therefrom in the light most favorable to the nonmoving party.
EVOPDF OUT OF MEMORY TRIAL
A trial court reviewing a motion for summary judgment should determine whether a genuine issue of material fact exists for trial. at 248-9, but "must come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Once the moving party has met its burden, the nonmoving party may not rest on the allegations or denials in its pleading, Anderson, 477 U.S. The party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact. Summary judgment is appropriate when, after reviewing the record taken as a whole, no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law.
As explained below, the court grants in part and denies in part WREDCO's motion for summary judgment. On October 29, 2010, RAM responded in opposition. On October 1, 2010, WREDCO filed a motion for summary judgment on the remaining claims. On January 30, 2009, WREDCO removed the action to this court, On November 2, 2009, the court dismissed four counts of the complaint, but allowed RAM to proceed on its claims for breach of the covenants of seisin and the right to convey, breach of the covenant against encumbrances, breach of the covenants of warranty and quiet enjoyment, breach of contract, rescission, and unjust enrichment. The dispute arises out of RAM's contract to purchase certain real property in Craven County, North Carolina from WREDCO.
On December 30, 2008, RAM of Eastern North Carolina, LLC ("RAM" or "plaintiff') filed suit in Craven County Superior Court against Weyerhaeuser Real Estate Development Company ("WREDCO" or "defendant").
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