Pettus v. Pettus

HEDRICK, Judge.

The only question presented by this appeal is whether the trial court erred in denying the defendant’s motion, under N.C. Gen. Stat. § 1A-1, Rule 60(b), to set aside the judgment of absolute divorce entered on 15 February 1982. The defendant argues the Court was without authority to enter a judgment of absolute divorce because she at all times demanded a trial by jury, pursuant to N.C. Gen. Stat. § 1A-1, Rules 38 and 39, and that she had not waived at any time her right to trial by jury. We agree.

In her answer to plaintiffs complaint seeking a divorce based on one year’s…