Roach v. Smith

Court of Appeals of North Carolina

Roach v. Smith

402 S.E.2d 173, 102 N.C. App. 482, 1991 N.C. App. LEXIS 443

CourtCourt of Appeals of North Carolina

DecidedApril 2, 1991

DocketNo. 903SC710

StatusPublished

This text of 402 S.E.2d 173 (Roach v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roach v. Smith, 402 S.E.2d 173, 102 N.C. App. 482, 1991 N.C. App. LEXIS 443 (N.C. Ct. App. 1991).

Pincite

Opinion

HEDRICK, Chief Judge.

We are unaware of any rule that authorizes any judge, pursuant to a motion made in the cause, to order the payment of prejudgment interest or postjudgment interest on a judgment entered more than four years before the motion in the cause is made.

We hold Judge Llewellyn had no authority to entertain or allow the motions in this case, and said motions should have been dismissed. Home Health and Hospice Care, Inc. v. Meyer, 88 N.C. App. 257, 362 S.E.2d 870 (1987). However, we treat the order denying the motions as one dismissing them, and affirm it.

Affirmed.

Judges COZORT and LEWIS concur.

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