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YORK v. TAYLOR

No. 8521DC828.

339 S.E.2d 830 (1986)

Ruben L. YORK v. Michael TAYLOR and wife, Gloria Taylor.

Court of Appeals of North Carolina.

March 4, 1986.

Attorney(s) appearing for the Case

Harrell Powell, Jr., and Garry Whitaker, Winston-Salem, for plaintiff, appellant.

James H. Early, Jr., Winston-Salem, for defendants, appellees.

HEDRICK, Chief Judge.

The notice of appeal from the default judgment for defendants with respect to plaintiff's claim and defendants' counterclaim against plaintiff was filed at the same time as plaintiff's Rule 52(b) motion for amended and additional findings of fact and Rule 60(b) motion for relief from judgment. The trial court is not divested of jurisdiction to hear and rule on a Rule 52(b) motion even though notice of appeal has been given. Parrish v. Cole...

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