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First Union National Bank v. Wilson
Citations: 300 S.E.2d 19; 60 N.C. App. 781; 1983 N.C. App. LEXIS 2542Docket: 8226DC253
Court: Court of Appeals of North Carolina; February 15, 1983; North Carolina; State Appellate Court
The North Carolina Court of Appeals ruled on the case of First Union National Bank v. Donna D. Wilson and the Douglases, affirming the trial court's judgment of default against the Douglases. The court noted that the Douglases failed to properly articulate their exceptions and assignments of error regarding the dismissal of their appeal, as mandated by Rule 10 of the North Carolina Rules of Appellate Procedure. The Clerk's entry of default was considered interlocutory and not subject to review. The judgment of default was deemed proper due to the Douglases' failure to answer the plaintiff's complaint in a timely manner, with their answer being filed two days after the entry of default. The court highlighted that when default is entered, the allegations in the plaintiff's complaint are effectively admitted. The Douglases did not pursue a motion to set aside the default, which was their appropriate remedy instead of appealing the entry. Additionally, the court dismissed the Douglases' claim that they were not adequately informed about the proceeding leading to the default judgment. The attorney for the Douglases was notified by mail, and a notice was published as required. Their general appearance at the hearing was interpreted as a waiver of any objections regarding notice. Ultimately, the court found the Douglases' other arguments to be without merit and upheld the trial court's judgment. Judges Webb and Phillips concurred with the decision.