[U] Holden v. Holden

Unpublished opinion Plaintiff and defendant separated after a six-year marriage on 28 December 2001. Thereafter, a typed consent order with several hand written corrections and additions noted throughout the document, was signed by both parties and counsels and entered by the trial court on 8 January 2003. An amended consent order, referred to as a cleaner final copy of the 8 January 2003 order, was later filed on 21 January 2003, signed by only the judge. In approximately March of 2003, plaintiff received a copy of the final order and found error in one of its provisions regarding a covenant not to compete. Plaintiff contacted her attorney to resolve theerror; however, she then retained new counsel, who filed a motion to set aside the 8 January and the 21 January orders under Rule 60 of the North Carolina Rules of Civil Procedure. A hearing on the motion was designated and the trial court determined that the 21 January amended consent order was void for lack of signatures by plaintiff and defendant. The trial court also ruled that the 8 January consent judgment was the only valid judgment and denied to set it aside. It is from this ruling that plaintiff appeals.