First Citizens Bank & Trust Co. v. Powell, 307 N.C. 467 (1983)

Jan. 11, 1983 · Supreme Court of North Carolina · No. 462PA82
307 N.C. 467

FIRST CITIZENS BANK AND TRUST COMPANY v. NORMAN A. POWELL and wife, DONNA C. POWELL

No. 462PA82

(Filed 11 January 1983)

WE granted defendants’ petition for discretionary review under G.S. 7A-31 (1981) on 21 September 1982 to review the decision of the Court of Appeals. The decision of Judge Arnold, with which Judges Hedrick and Wells concurred, held the trial court did not abuse its discretion in striking defendants’ answer and entering default judgment against them. 58 N.C. App. 229, 292 S.E. 2d 731 (1982). In so doing the court affirmed the judgment of Barefoot, Judge, entered 30 July 1981 during the 27 July 1981 Term of Civil Superior Court, ONSLOW County.

Ward and Smith, P.A., by Robert H. Shaw, III, for plaintiff

Fred W. Harrison for defendants.

PER CURIAM.

The decision of the Court of Appeals is affirmed.

Affirmed.