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STATE v. SMITH

No. COA97-1415.

503 S.E.2d 674 (1998)

STATE of North Carolina, Appellee, v. Scott James SMITH, Defendant/Appellant. Scott James SMITH, Plaintiff/Appellant, v. AMERICAN SPIRIT INSURANCE COMPANY, Defendant/Appellee.

Court of Appeals of North Carolina.

August 18, 1998.

Attorney(s) appearing for the Case

McDowall, Lewis, & Bull by William D. McDowall, Jr., Asheville, for plaintiff-appellant Smith.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Roy W. Davis, Jr. and Michelle Rippon, Asheville, for defendant-appellee American Spirit.

WYNN, Judge.

Under North Carolina law, "the only manner in which a non-party to an action may seek relief from an underlying judgment affecting the non-party's rights or property is to file an independent action to attack the judgment." Watson v. Ben Griffin Realty and Auction, 128 N.C. App. 61, 63, 493 S.E.2d 331, 332 (1997). In the subject case, American Spirit Insurance Company, a non-party to an action resulting in the...

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