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STAPLES v. WOMAN'S CLINIC OF ALBEMARLE, P.A.

No. 841SC642.

327 S.E.2d 58 (1985)

William Edgar STAPLES by his duly appointed Guardian Ad Litem, Garland STAPLES, Garland Staples and Anita Staples v. WOMAN'S CLINIC OF the ALBEMARLE, P.A., Alfred M. Moncla, M.D., and Albemarle Hospital, Inc.

Court of Appeals of North Carolina.

March 19, 1985.

Attorney(s) appearing for the Case

Clark & Stant, P.C. by Stephen C. Swain, Virginia Beach, and D. Keith Teague, Elizabeth City, for plaintiff-appellant.

Harris, Cheshire, Leager & Southern by Claire L. Moritz, Raleigh, for defendant-appellee Albemarle Hospital, Inc.

WHICHARD, Judge.

Under G.S. 1A-1, Rule 60(b)(2), the court has discretion to relieve a party from a final judgment upon a showing of newly discovered evidence "which by due diligence could not have been discovered in time to move for a new trial" within ten days after entry of the original judgment as required by G.S. 1A-1, Rule 59. Conrad Industries v. Sonderegger, 69 N.C. App. 159, 161, 316 S.E.2d 327, 328 (1984). Plaintiffs...

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