Sharyn's Jewelers, LLC v. Ipayment, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
“A default judgment which grants plaintiffs relief in excess of that to which they are entitled upon the facts alleged in the verified *282complaint is irregular.”1 Defendant Vericomm argues that the trial court erred by denying its motions for relief from judgment because the default judgment was void, or alternatively, because other extraordinary circumstances exist which justify such relief. We hold that while the default judgment was not void, the relief granted in the default judgment exceeds the relief prayed for in the complaint; accordingly, we vacate the default judgment in…
2Cases cited4 opinions
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Taylor v. Triangle Porsche-Audi, Inc.Court of Appeals of North Carolina · 1975
- Oxford Plastics v. GoodsonCourt of Appeals of North Carolina · 1985
- Sea Ranch II Owners Association, Inc. v. Sea Ranch II, Inc.Court of Appeals of North Carolina · 2006
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- Sparrow Sys., Inc. v. Private Diagnostic Clinic, Pllc âNorth Carolina Business Court · 2014
- Aoun & Cole, Inc. v. FitzpatrickCourt of Appeals of North Carolina · 2017
- Deutsche Bank Trust Co. Ams. v. Tradewinds Airlines, Inc.North Carolina Business Court · 2009
- Sharyn's Jewelers, LLC v. Ipayment, Inc.Court of Appeals of North Carolina · 2009