SAWYER v. GOODMAN

No. 821SC875.

303 S.E.2d 632 (1983)

R.D. SAWYER and wife, Erma Sawyer v. Lawrence GOODMAN and Lowell Nelson, T/A Sails Associates.

Court of Appeals of North Carolina.

July 5, 1983.


Attorney(s) appearing for the Case

Aldridge, Seawell & Khoury by G. Irvin Aldridge, Manteo, for plaintiffs-appellees.

White, Hall, Mullen, Brumsey & Small by G. Elvin Small, III, Elizabeth City, for defendant-appellant.


PHILLIPS, Judge.

Although the defendant's motion alleges that the judgment is a nullity, as it would be if he was not properly served with process, instead of the motion being treated as one to set aside a void judgment under Rule 60(b)(4) of the Rules of Civil Procedure, it was treated, perhaps at the defendant's request, as a motion justifying relief for "any other reason" under Rule 60(b)(6). This may have been because it was correctly recognized that the...

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