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SMITH EX REL. STRICKLAND v. JONES

No. COA06-1268.

645 S.E.2d 198 (2007)

Sawyer SMITH, a Minor, By and Through her Guardian ad Litem, Catherine E. STRICKLAND, and Catherine E. Strickland, Plaintiffs, v. Darryel JONES, and wife, Ida Jones, and Boya Investments, LLC, Defendants.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Mast, Schulz, Mast, Johnson and Wells, P.A., by David F. Mills, Smithfield, for plaintiffs.

Burton & Sue, L.L.P., by Stephanie W. Anderson and Desire E. Carter, Greensboro, for defendant.

BRYANT, Judge.

Boya Investments, LLC (defendant) appeals from an order entered 19 June 2006 denying their Rule 60 motion to set aside the default judgment entered against defendants on 29 August 2005. For the reasons stated below, we affirm.

Sawyer Smith is the minor child of Catherine E. Strickland. On 1 September 2004, a pit bull dog owned by Darryel Jones and his wife, Ida Jones, who occupied a residence owned by defendant, viciously attacked and injured...

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