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ALLRED v. TUCCI

No. 8621DC946.

354 S.E.2d 291 (1987)

Vivian C. ALLRED, Executrix of the Estate of Shirley Allred Tucci, Substituted Plaintiff, v. James Michael TUCCI.

Court of Appeals of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Morrow and Reavis by John F. Morrow and Clifton R. Long, Jr., Winston-Salem, for plaintiff.

Harrison, Benson, Worth, Fish, North, Cooke & Landreth by A. Wayland Cooke and Michael C. Landreth, Greensboro, for defendant.

MARTIN, Judge.

G.S. 1A-1, Rule 60(b) provides, in pertinent part:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: * * * * * * (4) The judgment is void.... The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year...

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