Copyright 1997 - N.C. Administrative Office of the Courts


KENNETH RAY WATSON, SR. and MARTHA S. WATSON, Plaintiffs, v. BEN GRIFFIN REALTY AND AUCTION, INC. and CARPENTER, WILSON, CANNON, & BLAIR, P.A., Defendants.

No. COA97-186

(Filed 2 December 1997)

1. Judgments § 530 (NCI4th)-- nonparty -- Rule 60 motion inappropriate

    A nonparty may not seek relief under Rule 60 from a judgment which declared that an easement existed on the nonparty's land. The only manner in which the nonparty may seek relief from the judgment is to file an independent action attacking the judgment. N.C.G.S. § 1A-1, Rule 60.

2. Appeal and Error § 64 (NCI4th)-- nonparty -- no right to appeal

    A nonparty to an action may not appeal from the judgment of the trial court.

    Judge WALKER concurring.

    Appeal by movant Emma Wilcox from the denial of her N.C. Gen. Stat. § 1A-1, Rule 60 motion to set aside as void, a judgment entered 7 January 1997 by Judge Claude S. Sitton in Caldwell County Superior Court. Heard in the Court of Appeals 7 October 1997.

    Wilson, Palmer & Lackey, P.A., by W. C. Palmer and Timothy J. Rohr, for movant appellant.

    Todd, Vanderbloemen and Brady, P.A., by Bruce W. Vanderbloemen, for Ben Griffin Realty and Auction, Inc., defendant appellee.