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LUMSDEN v. LAWING

No. 935SC1238.

451 S.E.2d 659 (1995)

Frank A. LUMSDEN and Wife Frances Lumsden, Plaintiffs, v. Richard LAWING and Wife Ann Lawing, Defendants.

Court of Appeals of North Carolina.

January 3, 1995.

Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiffs-appellants.

Bain & Wertz by Roy C. Bain, Wilmington, for defendants-appellees.

LEWIS, Judge.

Plaintiffs appeal from the denial of their Rule 60 motion for relief from the trial court's original judgment. Although the trial court's ruling on such a motion is within its sound discretion, for the reasons stated we find that the trial court abused its discretion in denying plaintiffs' motion and hereby reverse the order of the trial court.

The undisputed facts reveal that defendants sold real...

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