Home Health & Hospice Care, Inc. v. Meyer

HEDRICK, Chief Judge.

Assuming, as the parties do, that the paper writing signed by the judge and consented to by the parties on 30 June 1986 and called “Memorandum of Judgment Settlement” is a “consent judgment,” we hold the trial court had no authority pursuant to the “motion in the cause” to interpret or construe the “consent judgment,” and the order entered 16 February 1987 must be vacated.

Defendants did not place the number of the rule pursuant to which the motion of 13 November 1986 (“motion in the cause”) was filed in violation of G.S. 1A-1, Rule 7(b)(1) which requires that the grounds…