Ottway Burton, P.A. v. Blanton - Court of Appeals of North Carolina

Ottway Burton, P.A. v. Blanton

By Court of Appeals of North Carolina

  • Release Date: 1992-10-06
  • Genre: Law
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Ottway Burton, P.A. v. Blanton Court of Appeals of North Carolina Book Review Score: ★★★★★ 5/5 stars

In finding the confession of judgment to be valid, the trial court held that N.C. Gen. Stat. § 25A was inapplicable to confessions of judgment procured by members of the State Bar. Defendant contends that the trial court erred in this respect. He argues that N.C. Gen. Stat. § 25A-18 of the Retail Installment Sales Act renders confessions of judgment void for credit transactions of this nature and that his Rule 60(b)(4) motion should have been granted. Before reaching the substantive question of whether the Act prohibits professionals from obtaining confessions of judgment, we must first determine the propriety of the relief sought pursuant to Rule 60(b)(4). If we determine the defendant chose an improper procedure to challenge the confession of judgment, our inquiry ceases and it becomes unnecessary to resolve defendants substantive question.

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