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UNITED LEASING CORP. v. MILLER

No. 7914SC458.

263 S.E.2d 313 (1980)

UNITED LEASING CORPORATION v. Randall C. MILLER and Powe, Porter, Alphin & Whichard, P.A.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Frederick J. Sternberg, Graham, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by H. A. Mitchell, Jr. and M. E. Weddington, Raleigh, for defendants-appellees.

ERWIN, Judge.

We note at the outset that plaintiff has abandoned its third assignment of error that the trial court erred in declining to hear or determine the plaintiff's motion for post-judgment relief under G.S. 1A-1, Rule 60(b)(6), of the Rules of Civil Procedure. Questions raised by assignment of error in appeals from trial tribunals but not then presented and discussed in a party's brief are deemed abandoned. Rule 28(a) of the Rules of Appellate Procedure; ...

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