Windham Distributing Co. v. Davis

BRASWELL, Judge.

The major questions presented by the only appealing defendant, Steve Davis, are that the trial court erred in denying (1) his G.S. 1A-1, Rule 60(b)(4) motion to set aside the judgment as void and (2) his motion to dismiss the order of arrest on the grounds that this order for execution against his person was in violation of G.S. 1-311. We hold that the trial court properly denied the Rule 60(b)(4) motion, but because the order of arrest was insufficient under G.S. 1-311 the trial court improperly denied the defendant’s motion to dismiss this order. The facts follow.

Piedmont…