LOVE v. MOORE

No. 8126SC79.

283 S.E.2d 801 (1981)

Nancy Carol LOVE Formerly Nancy Love Mills v. Frank William MOORE and Nationwide Mutual Insurance Company.

Court of Appeals of North Carolina.

November 3, 1981.


Attorney(s) appearing for the Case

John D. Warren, Charlotte, for plaintiff-appellee.

Kennedy, Covington, Lobdell & Hickman by William C. Livingston, Charlotte, for defendant-appellant.


ARNOLD, Judge.

Defendant first argues that plaintiff is not entitled to set aside her own judgment. While this was arguably the law according to former G.S. 1-220 which provided for relief to "a party from a judgment... taken against him," Rule 60(b) has no language suggesting that the movant for relief from a judgment must be the losing party. It appears, therefore, that in general "any party may seek relief under the rule." W. Shuford, N.C. Civil Practice and Procedure...

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