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STANALAND v. STANALAND

No. 8713DC710.

365 S.E.2d 170 (1988)

Rita B. STANALAND v. Marcus D. STANALAND.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Anderson & McLamb by Sheila K. McLamb, Shallotte, for plaintiff-appellee.

Fairley, Jess & Isenberg by Elva L. Jess, Southport, for defendant-appellant.

WELLS, Judge.

By his first assignment of error, defendant contends that the trial court erred when it concluded as a matter of law that defendant had made no appearance in this action. We agree with defendant.

N.C.Gen.Stat. § 1A-1, Rule 55(b)(2), "Judgment: By the Judge" provides, in pertinent part:

... If the party against whom judgment by default is sought has appeared in the action, he ... shall be served with written notice of the application...

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