KENNEDY v. STARR

No. 8218SC418.

302 S.E.2d 497 (1983)

Herbert William KENNEDY, Jr. v. Elizabeth Ross STARR.

Court of Appeals of North Carolina.

May 17, 1983.


Attorney(s) appearing for the Case

Nichols, Caffrey, Hill, Evans & Murrelle by R. Thompson Wright, Greensboro, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter by Douglas W. Ey, Jr., Greensboro, for defendant-appellant.


HEDRICK, Judge.

Defendant contends it was error for the trial court to deny her motion to set aside the default judgment. Defendant's argument is two-fold: first, that the trial court was required under Rule 60(b) to find as fact certain uncontroverted assertions contained in the affidavits offered in support of the motion and, second, that the facts which the trial court should have found establish defendant's right to have the default judgment set aside.

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