The court considered matters outside the pleadings and on 14 December 1994 entered summary judgment for defendants on all claims. From that judgment plaintiff appeals, alleging that there were genuine issues of material fact to be decided in this independent action. After review of the record, we disagree and affirm. N.C. Gen. Stat. The burden is upon the moving party to establish that no genuine issue of material fact exists.
All evidence is viewed in the light most favorable to the non-moving party.
Plaintiff argues that it filed a valid independent action against the original settlement and that there were genuine issues of fact to be decided with regard to this action. After review of the record, we conclude that plaintiff's independent action was not proper and was correctly dismissed by summary judgment. N.C. Gen. Stat. Prior to hearing, plaintiff withdrew the motion and filed this independent action attacking the settlement collaterally. However, we need not address this argument for two reasons.