EAST CAROLINA OIL TRANSPORT, INC. v. PETROLEUM FUEL & TERMINAL CO.

No. 8614SC274.

348 S.E.2d 165 (1986)

EAST CAROLINA OIL TRANSPORT, INC. v. PETROLEUM FUEL AND TERMINAL COMPANY, doing business as Apex Oil Company and Apex Oil Company.

Court of Appeals of North Carolina.

September 16, 1986.


Attorney(s) appearing for the Case

Eugene C. Brooks, III, Durham, and Bailey, Dixon, Wooten, McDonald, Fountain & Walker by Gary Parsons, Raleigh, for plaintiff-appellant.

Randall, Yaeger, Woodson, Jervis & Stout by John C. Randall, Durham, for defendant-appellee.


ARNOLD, Judge.

Plaintiff contends that the trial court erred in granting default judgment for defendant. The judgment entered against plaintiff does in fact state in its heading that it is a summary judgment and a default judgment. However, the wording within the body of the judgment itself only speaks in terms of a summary judgment and makes no mention of a default judgment. When it is unclear from looking at the judgment whether a default judgment or a summary judgment...

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