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Howard, Stallings, From Hutson v. Douglas

Supreme Court of North Carolina
Nov 1, 2001
354 N.C. 346 (N.C. 2001)

Opinion

No. 223A01

Filed 9 November 2001

Judgments — default judgment — letter by counsel — not appearance

The decision of the Court of Appeals in an action to recover legal fees is reversed for the reason stated in the dissenting opinion in the Court of Appeals that a letter sent by defendant's attorney to plaintiff's attorney after the complaint was filed but before service of the complaint was not an appearance which required three days' notice to defendant before default judgment could be entered against him.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 143 N.C. App. 122, 545 S.E.2d 470 (2001), reversing and remanding an order entered 2 March 2000 by Gessner, J., in District Court, Wake County. Heard in the Supreme Court 17 October 2001.

Howard, Stallings, From Hutson, P.A., by E. Cader Howard, John N. Hutson, Jr., and Colleen M. Crowley, for plaintiff-appellant.

Rudolph Maher Widenhouse Fialko, by Thomas K. Maher, for defendant-appellee.


The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion of Judge Timmons-Goodson.

REVERSED.


Summaries of

Howard, Stallings, From Hutson v. Douglas

Supreme Court of North Carolina
Nov 1, 2001
354 N.C. 346 (N.C. 2001)
Case details for

Howard, Stallings, From Hutson v. Douglas

Case Details

Full title:HOWARD, STALLINGS, FROM HUTSON, P.A. v. FRANK DOUGLAS

Court:Supreme Court of North Carolina

Date published: Nov 1, 2001

Citations

354 N.C. 346 (N.C. 2001)
553 S.E.2d 680

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