Morrio v. Asby

MORRIS, Chief Judge.

It is apparent from the judgment itself that the court based its action in vacating the judgment of 14 February 1978 on Heidler v. Heidler, 42 N.C. App. 481, 256 S.E. 2d 833 (1979), the opinion which was filed 31 July 1979, after the motions to set aside were filed by defendants on 8 February 1979. The trial court correctly interpreted Heidler as holding that G.S. 1A-1, Rules 38(d) and 39 (a) “do not provide that failure to appear at trial constitutes consent to a withdrawal of a valid jury trial demand.” On 3 June 1980, the opinion in Frissell v. Frissell, 47 N.C. App.…