Thelen v. Thelen

BECTON, Judge.

Defendant initially assigns error to the trial court’s reliance upon certain evidence in its decision to grant plaintiff’s Rule 60(b) motion and set aside the prior order. He first argues that plaintiff’s answers to interrogatories were an inappropriate basis for the trial court’s 23 May 1980 ruling since the answers were unsigned and unverified as required by G.S. § 1A-1, Rule 33(a). However, we note that the record reveals that these documents were received by defendant sometime after 18 June 1979 and were considered by the court in the prior order of 12 July 1979. We can find…