Court of Appeals of North Carolina February 1, 1983, 818SC1266 (Bailey v. Gooding)

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United States · · · 01-02-1983

MARTIN, Judge.

1

We first consider the interlocutory order of Judge Stevens. This order is void and must be vacated for two reasons. First, the “judgment” which it purports to set aside pursuant to Rule 60(b) was an entry of default, not a final judgment by default.

Pendley v. Ayers,

45 N.C. App. 692, 263 S.E. 2d 833 (1980). Rule 60(b), by its express terms, applies only to final judgments.

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