WACHOVIA BANK & TRUST CO., N.A. v. BOUNOUS

No. 8025DC1206.

281 S.E.2d 712 (1981)

WACHOVIA BANK AND TRUST COMPANY, N.A., Trustee Under the Will of Louis Bounous, Appellee, v. Frank L. BOUNOUS, Individually and Frank L. Bounous, Executor of Justine Bounous, Appellant.

Court of Appeals of North Carolina.

September 15, 1981.


Attorney(s) appearing for the Case

Patton, Starnes & Thompson by Robert L. Thompson, Morganton, for plaintiff-appellee.

Brewer & Brady by Robert M. Brady, Lenoir, for defendant-appellant.


ARNOLD, Judge.

Appellant argues that Judge Noble erred by failing to conduct an independent hearing to ascertain the existence of actual consent on the part of all parties to the consent judgment, and that Judge Crotty in turn erred by failing to grant relief under Rule 60 based upon the lack of such investigatory hearing. The argument is meritless.

Judge Noble was presented with a document purporting to be a negotiated settlement of the parties' lawsuit....

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