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SHARYN'S JEWELERS, LLC v. IPAYMENT, INC.

No. COA08-651.

674 S.E.2d 732 (2009)

SHARYN'S JEWELERS, LLC, a North Carolina Limited Liability Company, Plaintiff, v. IPAYMENT, INC., Ipayment of Valencia, Vericomm, and JPMorgan Chase Bank, Defendants.

Court of Appeals of North Carolina.

April 7, 2009.

Attorney(s) appearing for the Case

Howard, Stallings, From & Hutson, P.A., by B. Joan Davis, Richard P. Leissner, Jr., and Philip W. Paine, New Bern, for defendant-appellant Vericomm.

John A.J. Ward, PLLC, by Catherine R. Piwowarski, and John A.J. Ward, New Bern, for plaintiff-appellee.

WYNN, Judge.

"A default judgment which grants plaintiff's relief in excess of that to which they are entitled upon the facts alleged in the verified complaint is irregular."1 Defendant Vericomm argues that the trial court erred by denying its motions for relief from judgment because the default judgment was void, or alternatively, because other extraordinary circumstances exist which justify such relief. We hold that while the default...

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