Marks v. Marks

EAGLES, Judge.

As the trial court did, we first address the issue of whether the 21 May 1974 consent judgment was modifiable by motion in the cause. For reasons set out below, we hold that it was not and reverse the judgment of the trial court.

As has been noted in many similar cases, there are essentially two types of consent judgments. One is a contract that is approved by the court. It is enforceable or modifiable as an ordinary contract — by an independent action brought by one of the parties. See, e.g., Moore v. Moore, 297 N.C. 14, 252 S.E. 2d 735 (1979). The other is an actual…