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SHEEHAN v. HARPER BUILDERS, INC.

No. 8530SC1141.

351 S.E.2d 114 (1986)

83 N.C. App. 630

James C. SHEEHAN, Plaintiff, v. HARPER BUILDERS, INC., Defendant and Third Party Plaintiff, v. HAZELWOOD CONSTRUCTION COMPANY, INC., Third Party Defendant.

Court of Appeals of North Carolina.

December 30, 1986.

Attorney(s) appearing for the Case

McLean & Dickson by Russell L. McLean, III, Waynesville, for plaintiff-appellant.

Morris, Golding, Phillips & Cloninger by James N. Golding, Asheville, for defendant-appellee Harper Builders, Inc.

No brief filed by third party defendant-appellee Hazelwood Const. Co., Inc.

PHILLIPS, Judge.

Plaintiff's only contention in regard to the order granting a new trial—that the motion which gave rise to it was not timely filed—has no foundation and we overrule it. Defendant's motion for a new trial, made under Rule 59, N.C. Rules of Civil Procedure, was served on 28 December 1984 and section (b) of that rule provides that motions made thereunder "shall be served not later than 10 days after entry of the judgment." The contention...

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