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COLEMAN v. ARNETTE

No. 8029DC79.

269 S.E.2d 755 (1980)

Judene S. (Arnette) COLEMAN v. Francis D. ARNETTE.

Court of Appeals of North Carolina.

September 16, 1980.

Attorney(s) appearing for the Case

Riddle, Shackelford & Hyler by John E. Shackelford, Asheville, for plaintiff-appellant.

Ramsey, White & Cilley by William R. White, Brevard, for defendant-appellee.

HARRY C. MARTIN, Judge.

This appeal was filed 153 days after notice of appeal was entered, violating Rule 12(a), North Carolina Rules of Appellate Procedure, and subjecting it to dismissal. In order to prevent manifest injustice, the Court in its discretion treats the appeal as a petition for review by certiorari and allows the petition.

Counsel for defendant and the trial court have misconceived the purposes of Rule 60(b)(6), N.C.R.Civ.Proc. Defendant seeks...

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