Leary v. N.C. Forest Products, Inc.

I fully concur in issue II of the majority opinion upholding the trial court’s dismissal of plaintiffs non-client third-party malpractice claim; however, I dissent as to the majority’s holding regarding plaintiff’s ability to collaterally attack an order that he claims was void for lack of notice.

Defendants initially argue in their briefs to this Court that plaintiff’s complaint must fail in its entirety because plaintiff’s claims turn on the procedures involved in the sheriff’s sale and the setting aside of the clerk’s confirmation order and that this order cannot be collaterally attacked.…