Barnes v. Barnes

BRITT, Judge.

Defendant contends the trial court erred in hearing plaintiff’s motions during the 29 September 1975 session for the reason that defendant was not given notice as required by G.S. 1A-1, Rule 6(d) and (e). This contention has no merit. As this court held in Sims v. Trailer Sales Corp., 18 N.C. App. 726, 198 S.E. 2d 73 (1973), cert. denied, 283 N.C. 754, 198 S.E. 2d 723 (1973), Rule 7(b)(1) is applicable since the cases were calendared for trial at the 29 September session. Furthermore, with respect to the motions for summary judgment, defendant was not prejudiced as no action was…