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SMITH v. DAVIS

No. 873DC643.

364 S.E.2d 156 (1988)

Karen A. SMITH v. Donald Howard DAVIS.

Court of Appeals of North Carolina.

February 2, 1988.

Attorney(s) appearing for the Case

Hugh C. Talton, Jr., Morehead City, for plaintiff-appellee.

Robert G. Bowers, New Bern, for defendant-appellant.

EAGLES, Judge.

The sole issue here is whether the trial court erred in refusing to reopen the child support order entered 16 August 1985 nunc pro tunc. We hold that the court erred in denying defendant's motion to reopen and, accordingly, we reverse and remand.

Section 520 of the Act, in pertinent part, states:

(1) In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff...

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