In Symons Corp. v. Quality Concrete Constr., Inc., 108 N.C. App. 17, 20, 422 S.E.2d 365, 367 (1992), the defendant argued that summary judgment in favor of the plaintiff should be reversed because the notice of hearing provided only nine days rather than the required 13-days notice. The Court noted that defense counsel had acknowledged to the trial court that he was prepared to proceed and concluded, from that statement, "that defendants were not unduly prejudiced by the untimely notice." Id. at 21, 422 S.E.2d at 367. The Court characterized the defendant's contention that the summary judgment order should be reversed for inadequate notice as "frivolous." Id.