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DOLLAR v. TAPP

No. 9015DC1096.

404 S.E.2d 482 (1991)

103 N.C. App. 162

E.A. DOLLAR, Jr. and Foye S. Dollar, Plaintiffs, v. Bess B. TAPP, Defendant. E.A. DOLLAR, Jr., Foye S. Dollar, and Archie Dollar, Plaintiffs, v. Bess B. TAPP, Defendant.

Court of Appeals of North Carolina.

June 4, 1991.

Attorney(s) appearing for the Case

Bayliss, Hudson & Merritt by Ronald W. Merritt, Chapel Hill, for plaintiffs-appellees.

Levine, Stewart & Davis by Donna Ambler Davis, Chapel Hill, for defendant-appellant.

WELLS, Judge.

Defendant assigns error to the trial court's conclusions that she was given proper notice of plaintiffs' request that the matter be set for trial and that she failed to show a meritorious defense to plaintiffs' action. We agree with defendant and award a new trial.

Defendant contends that the trial court erred in failing to set aside the judgment and grant her a new trial pursuant to N.C. Gen.Stat. § 1A-1, Rule 60(b)(6) of the North Carolina...

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