Utica Mutual Insurance v. Johnson

MARTIN (Harry C.), 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. The courts have always had inherent authority to correct clerical errors in orders and judgments, but they do not have the power to…