UTICA MUT. INS. CO. v. JOHNSON

No. 7812DC767.

254 S.E.2d 643 (1979)

UTICA MUTUAL INSURANCE COMPANY, Plaintiff, v. Luther L. JOHNSON, t/a Johnson's Alignment Service, Defendant and Third-Party Plaintiff, v. George L. BROADNAX, Third-Party Defendant.

Court of Appeals of North Carolina.

May 15, 1979.


Attorney(s) appearing for the Case

Barrington, Jones, Witcover & Carter by C. Bruce Armstrong, Fayetteville, for third-party defendant-appellant.

No counsel contra.


HARRY C. MARTIN, Judge.

The third-party defendant, Broadnax, contends the trial court's order of 28 April 1978 was erroneously entered and should be vacated. We agree.

The 28 April 1978 order vacated the 24 October 1977 order. It was not an order correcting a clerical mistake or oversight entered pursuant to N.C.G.S. 1A-1, Rule 60(a). Rather, the order vacated the prior order and held Broadnax was not entitled to have the default judgment against him set aside...

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