Legal Opinion

North Carolina National Bank v. Virginia Carolina Builders, Inc.

Court of Appeals of North Carolina

Decided June 15, 1982No. 8117SC825PublishedCited by 3 opinions

1Opinion of the Court

HEDRICK, Judge.

Judge Long’s order setting aside the default judgment must be reversed. We are advertent to the fact that orders setting aside default judgments are interlocutory and ordinarily not ap-pealable. Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980). Nevertheless, because the present order contains serious error regarding a matter of great importance we, in our discretion, choose to review it.

We first note our disapproval of the taking of judicial notice by Judge Long of a custom and practice which violates the law of *631this State. The legislature has fixed the conditions under…

2Cases cited12 opinions

  1. Bailey v. GoodingSupreme Court of North Carolina · 1980
  2. Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
  3. Harrell v. . WelsteadSupreme Court of North Carolina · 1934
  4. Moore v. DealSupreme Court of North Carolina · 1954
  5. Norton v. SawyerCourt of Appeals of North Carolina · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Smith v. Beaufort County Hosp. Ass'n, Inc.Court of Appeals of North Carolina · 2000
  2. North Carolina National Bank v. Virginia Carolina Builders, Inc.Court of Appeals of North Carolina · 1982
  3. Smith v. Beaufort County Hosp. Ass'n, Inc.Court of Appeals of North Carolina · 2000

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