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BAILEY v. GOODING

No. 818SC1266.

299 S.E.2d 267 (1983)

Patricia T. BAILEY and Ebert L. Bailey, Jr. v. Marvin C. GOODING, Seashore Transportation Company, and Carolina Coach Company.

Court of Appeals of North Carolina.

February 1, 1983.

Attorney(s) appearing for the Case

Freeman, Edwards & Vinson by George K. Freeman, Goldsboro, and Narron, Holdford, Babb, Harrison & Rhodes by William H. Holdford, Wilson, for plaintiffs-appellants.

Young, Moore, Henderson & Alvis by Walter Brock, Jr., and B.T. Henderson, II, Raleigh, for defendants-appellees.

MARTIN, Judge.*

We first consider the interlocutory order of Judge Stevens. This order is void and must be vacated for two reasons. First, the "judgment" which it purports to set aside pursuant to Rule 60(b) was an entry of default, not a final judgment by default. Pendley v. Ayers, 45 N.C. App. 692, 263 S.E.2d 833 (1980). Rule 60(b), by its express terms, applies only to final judgments. An entry...

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