Supreme Court of North Carolina

D.V. Shah Corp. v. VroomBrands, LLC

December 15, 2023

Summary

The Court held that a trial court’s refusal to consider oral testimony at a summary‑judgment hearing, based on a mistaken belief that Rule 43(e) provides no discretion, constitutes reversible error; the trial court’s summary‑judgment order was vacated and the case remanded for reconsideration in the true legal light.