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WALDROP v. YOUNG

No. 9028SC1356.

408 S.E.2d 883 (1991)

104 N.C. App. 294

Jack WALDROP, Plaintiff-Appellee, v. George D. YOUNG, Defendant-Appellant.

Court of Appeals of North Carolina.

October 15, 1991.

Attorney(s) appearing for the Case

Dennis J. Winner, P.A. by Dennis J. Winner, Asheville, for plaintiff-appellee.

Swain, Stevenson & Moore, P.A. by Joel B. Stevenson, Asheville, for defendant-appellant.

WELLS, Judge.

Defendant assigns as error the trial court's denial of his Rule 60(b)(2) motion for relief from judgment based on the grounds of newly discovered evidence. Defendant contends that his former employee's testimony constitutes newly discovered evidence because the witness could not, with due diligence, have been located prior to trial. N.C.Gen.Stat. § 1A, Rule 60(b)(2) provides:

Relief from judgment or order. * * * * * *<...

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