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SINK v. EASTER

No. 7422SC703.

208 S.E.2d 895 (1974)

23 N.C. App. 296

Sherry Pamela SINK v. Kenneth Wesley EASTER, Jr.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

McLendon, Brim, Brooks, Pierce & Daniels, by Hubert B. Humphrey, Jr., Greensboro, and Lambeth & McMillan, by Charles F. Lambeth, Jr., Thomasville, for plaintiff appellee.

Charles H. McGirt, by G. Thompson Miller, and Walser, Brinkley, Walser & McGirt, by G. Thompson Miller, Lexington, for defendant appellant.

BRITT, Judge.

Defendant advances numerous contentions as to why the order of 16 May 1974 is invalid. One of these is that the court had no jurisdiction on 1 April 1974 to rescind its judgment entered 28 March 1974 denying plaintiff's motion for relief under Rule 60. We find merit in this contention.

When the court entered its judgment on 28 March 1974 denying plaintiff's Rule 60 motion for relief, plaintiff, on...

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