MOORE v. SULLIVAN

No. COA95-1075.

473 S.E.2d 659 (1996)

Louis MOORE, Jr., Plaintiff-Appellee, v. Frank and Mary Lou SULLIVAN, Defendants-Appellants.

Court of Appeals of North Carolina.

August 20, 1996.


Attorney(s) appearing for the Case

Frank Cherry, Wilmington, for plaintiff-appellee.

Peterson & Becker by R. Glen Peterson, Leland, for defendants-appellants.


EAGLES, Judge.

Defendants first argue that the trial court erred in entering a default judgment against them because defendants' answer was filed before the trial court made an entry of default against them. We agree.

In its 8 July 1993 "Entry of Default," the trial court stated that it was entering a judgment by default against defendants. We have previously clarified that when one party fails to file an answer and the trial court enters a judgment determining...

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