Hill v. Hill

HEDRICK, Chief Judge.

On appeal, plaintiff argues Judge Martin erred in denying his motion to be relieved from the “consent judgment.” We agree.

*501The authority of a court to sign and enter a consent judgment depends upon the unqualified consent of the parties thereto, and the judgment is void if such consent does not exist at the time the court sanctions or approves the agreement of the parties and promulgates it as a judgment. Lynch v. Lynch, 74 N.C. App. 540, 329 S.E.2d 415 (1985); Overton v. Overton, 259 N.C. 31, 129 S.E.2d 593 (1963). In Wachovia Bank v. Bounous, 53 N.C. App. 700, 706, 281…