Pierce v. Pierce

WEBB, Judge.

We hold it was error not to dismiss the action to enforce the separation agreement. A judgment by confession had been entered against the defendant pursuant to G.S. 1A-1, Rule 68.1. This gave the plaintiff a judgment on all issues raised in the complaint. See Cromer v. Cromer, 49 N.C. App. 403, 271 S.E. 2d 541 (1980), rev’d on other grounds, 303 N.C. 307, 278 S.E. 2d 518 (1981) and Whitehead v. Whitehead, 13 N.C. App. 393, 185 S.E. 2d 706 (1972). When the relief sought in an action has been granted, the action should be dismissed. See In re Peoples, 296 N.C. 109, 250 S.E. 2d 890…