IN RE ESTATE OF PEEBLES

No. 9422SC374.

454 S.E.2d 854 (1995)

In re ESTATE OF J.V. PEEBLES.

Court of Appeals of North Carolina.

March 21, 1995.


Attorney(s) appearing for the Case

Grady L. McClamrock, Jr., Mocksville, for caveator-appellant.

Hall, Vogler & Fleming by Tamara A. Fleming, Mocksville, for propounder-appellee.


EAGLES, Judge.

I.

Caveator argues that the trial court erred in denying her motion to set aside the consent judgment because it was void. G.S. 1A-1, Rule 60(b)(4) allows a trial court "[o]n motion and upon such terms as are just, ... [to] relieve a party or his legal representative from a final judgment, order, or proceeding... [if] the [j]udgment is void." The trial court's decision on a Rule 60 motion is discretionary, and will be reversed only upon a...

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