FORD MOTOR CREDIT COMPANY
v. Mecklenburg County
No. 00 CVD 933
WILLIAM DEAN
Smith Debnam Narron Wyche Story & Myers, L.L.P., by Matthew E.
Roehm, for plaintiff-appellee.
Defendant-appellant William Dean, pro se.
EAGLES, Chief Judge.
Plaintiff filed a complaint in district court seeking to
recover the balance of $7,274.00 allegedly due from defendant under
an installment contract for the purchase of a vehicle. The
district court entered a default judgment against defendant on or
about 29 June 2000. Defendant filed a motion to set aside the
judgment, accompanied by a motion for sanctions against plaintiff
pursuant to N.C.R. Civ. P. 11. After a hearing, the trial court
entered an order setting aside the default judgment but denying
defendant's motion for Rule 11 sanctions. Defendant now appeals
from the portion of the order denying his motion for sanctions.
Plaintiff has filed a motion to dismiss the appeal and forsanctions under N.C.R. App. P. 34, citing innumerable violations of
our Rules of Appellate Procedure by defendant.
We deem it sufficient to note that an order setting aside a
default judgment and denying Rule 11 sanctions is interlocutory and
not subject to immediate appeal. See Horne v. Nobility Homes,
Inc., 88 N.C. App. 476, 477, 363 S.E.2d 642, 643 (1988); cf. Woody
v. Thomasville Upholstery, Inc., __ N.C. App. __, __, 552 S.E.2d
202, 207 (2001), review on additional issues denied, ___ N.C. ___,
___ S.E.2d ___ (No. 596A01 filed 8 November 2001) (no right to
immediate appeal from interlocutory discovery order that does not
include sanctions or finding of contempt). We therefore allow
plaintiff's motion and dismiss defendant's appeal. In our
discretion, we deny plaintiff's request for sanctions. See N.C.R.
App. P. 2; see generally State v. Blackwell, 133 N.C. App. 31, 33-
34, 514 S.E.2d 116, 118, cert. denied, 350 N.C. 595, 537 S.E.2d 483
(1999).
Appeal dismissed; plaintiff's motion for sanctions denied.
Judges TIMMONS-GOODSON and McCULLOUGH concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***