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VAGLIO v. TOWN AND CAMPUS INTERN. INC.

No. 8310SC1165.

322 S.E.2d 3 (1984)

Dr. Anthony J. VAGLIO, Jr. (d/b/a Vaglio Financial Enterprises), Milt Cohen, and David Weddington, Collectively d/b/a Century 21 A-1 v. TOWN AND CAMPUS INTERNATIONAL INC., A Missouri Corporation, Town and Campus, Inc., A Missouri Corporation, Bonhomme Equities, Inc., A Missouri Corporation, Joseph O. Morrissey, Jr., Richard M. Zitzmann, Calmark Asset Management, Inc., A Delaware Corporation, and George B. Brewster.

Court of Appeals of North Carolina.

November 6, 1984.

Attorney(s) appearing for the Case

Marc W. Sokol, Raleigh, for plaintiffs-appellants.

Bryant, Drew, Crill & Patterson, P.A. by Victor S. Bryant, Jr., Durham, for defendants-appellees.

JOHNSON, Judge.

This is an appeal from an action to obtain relief from judgment pursuant to Rule 60(b)(1), (3) and (6) of the Rules of Civil Procedure. G.S. 1A-1. The rule, in pertinent part, reads as follows:

(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.—On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following...

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