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WHITWORTH v. WHITWORTH

No. COA12-24.

731 S.E.2d 707 (2012)

Marie Wyatt WHITWORTH, Plaintiff, v. Ruben Leon WHITWORTH, Defendant.

Court of Appeals of North Carolina.

September 4, 2012.

Attorney(s) appearing for the Case

Robinson & Lawing, L.L.P., Winston-Salem, by Kevin L. Miller , Michael L. Robinson , and H. Stephen Robinson ; and The McElwee Firm, by William H. McElwee, III , North Wilkesboro, for plaintiff-appellant.

No brief filed on behalf of defendant-appellee.

Sigmon, Clark, Mackie, Hanvey & Ferrell, PA, Hickory, by Forrest A. Ferrell and R. Jason White , for intervenor-appellee.

GEER, Judge.

Plaintiff Marie Wyatt Whitworth appeals from an order denying her motion pursuant to Rule 60 of the North Carolina Rules of Civil Procedure to set aside an order filed 12 August 2010 nunc pro tunc 14 August 2007 granting a motion to intervene. Also pending before this Court is Marie's appeal in related litigation from an order dismissing a superior court action. It appears that entry of the order at...

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