Windley v. Dockery

HEDRICK, Chief Judge.

The only question raised on this appeal is whether Judge Carpenter erred in entering the order dated 14 November 1988 denying defendants’ Rule 60 motion. G.S. 7A-228(c) provides:

Whenever [an appeal from a magistrate] is docketed and is regularly set for trial, and the appellant fails to appear and prosecute his appeal, the presiding judge may have the appellant called and the appeal dismissed; and in such case the judgment of the magistrate shall be affirmed.

The question before us is whether Judge Carpenter erred in denying defendants’ motion to obtain relief from that…