BELL v. MARTIN

No. 62.

264 S.E.2d 101 (1980)

299 N.C. 715

Mary Frances BELL v. Bobby MARTIN, Jr.

Supreme Court of North Carolina.

Rehearing Denied June 3, 1980.


Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & McNair by Timothy M. Stokes, Charlotte, for plaintiff-appellee Bell.

McConnell, Howard, Pruett & Bragg by Rodney S. Toth, Charlotte, for defendant-appellant Martin.


BROCK, Justice.

Plaintiff's petition to this Court presented the question of the trial tribunal's jurisdiction to hear a Rule 60(b) motion for relief of judgment subsequent to an appeal of the action. At oral argument this question was abandoned by counsel for the plaintiff, and thus will not be addressed by this opinion. Therefore, the sole question presented for review is the propriety of summary judgment entered by Judge Saunders against the defendant on August...

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