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HARLOW v. VOYAGER COMMUNICATIONS V

No. COA96-1340.

492 S.E.2d 45 (1997)

Richard F. HARLOW and Jane R. Harlow, Plaintiffs, v. VOYAGER COMMUNICATIONS V, Carl C. Venters and Jack P. McCarthy, Defendants.

Court of Appeals of North Carolina.

November 4, 1997.

Attorney(s) appearing for the Case

Smith, Helms, Mulliss, & Moore, L.L.P. by Thomas D. Myrick and Maurice O. Green, Charlotte, for plaintiffs-appellees.

Thomas W. Steed, Jr. and Baucom, Claytor, Benton, Morgan, Wood & White, P.A. by Rex C. Morgan, Charlotte, for defendant-appellant.

WYNN, Judge.

Following the filing of a complaint alleging joint liability against three defendants, the trial court in this case awarded default judgment against one of the defendants. Under North Carolina law, when a plaintiff alleges joint liability against multiple defendants of which only one defaults, a default judgment may not be entered against the defaulting defendant until after the court adjudicates the liability of the non-defaulting defendants. Because...

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