Bell v. Moore

CLARK, Judge.

Defendants assign as error the issuance of the supplemental order which stayed collection of costs. Among other grounds, they assert lack of notice and hearing under G.S. 1A-1, Rule 6(d) and Rule 7(b) (1).

G.S. 1A-1, Rule 60(b) (6) would allow the court to relieve plaintiff from the costs imposed in the final judgment for any reason “justifying relief from the operation of the judgment.” Although not denominated as such, we view plaintiffs’ motion as one under Rule 60(b) (6) to relieve them of the costs of the depositions taken by defendants if plaintiffs prevail in the action to…