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FIRST UNION NAT. BANK v. ROLFE

No. 8630SC509.

351 S.E.2d 117 (1986)

83 N.C. App. 625

FIRST UNION NATIONAL BANK v. Donald ROLFE and Josephine Rolfe.

Court of Appeals of North Carolina.

December 30, 1986.

Attorney(s) appearing for the Case

Jones, Key, Melvin & Patton, P.A. by Joseph D. Johnson, Franklin, for plaintiff-appellee.

Lawrence Nestler, Western N.C. Legal Services, Inc., Sylva, and Margot Roten, N.C. Legal Services Resource Center, Inc., Raleigh, for defendant-appellant, Mrs. Josephine Rolfe.

MARTIN, Judge.

We must reverse the trial court's denial of Mrs. Rolfe's motion for relief from the 30 April 1985 order declaring that none of her property in this State is exempt from execution. Mrs. Rolfe is entitled to relief from that order because it was entered without notice to her in violation of rights guaranteed her by our Constitution and statutes.

Every resident of North Carolina is entitled to claim certain of his property as exempt from sale to...

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