State v. Smith

WYNN, Judge.

Under North Carolina law, “the only manner in which a non-party to an action may seek relief from an underlying judgment affecting the non-party’s rights or property is to file an independent action to attack the judgment.” Watson v. Ben Griffin Realty and Auction, 128 N.C. App. 61, 63, 493 S.E.2d 331, 332 (1997). In the subject case, American Spirit Insurance Company, a non-party to an action resulting in the expungement of criminal proceedings against Scott James Smith, obtained a stay from two judges of the expungement. Because *601American Spirit was a non-party to the expungement…