An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-924
Filed 3 June 2026
Mecklenburg County, No. 19CVS016728-590
SCGVIII-LAKEPOINTE, LLC, Plaintiff,
v.
VIBHA MEN’S CLOTHING, LLC; KALISHWAR DAS, Defendants.
Appeal by Defendant from order entered 23 May 2025 by Judge Troy J.
Stafford in Mecklenburg County Superior Court. Heard in the Court of Appeals 20
May 2026.
Kalishwar Das pro se Defendant-Appellant.
No brief filed for Defendant-Appellant Vibha Men’s Clothing, LLC.
Johnston, Allison & Hord, P.A., by J. Nathanial Pierce, for Plaintiff-Appellee.
COLLINS, Judge.
Defendant Kalishwar Das appeals from the trial court’s order denying his Rule
60(b)(4) motion for relief from judgment. Defendant also challenges the trial court’s
authority to enter a corrected order on 23 May 2025, the settlement of the record on
appeal, and Plaintiff’s standing. We affirm. SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
Opinion of the Court
I. Background
Plaintiff SCGVIII-Lakepointe, LLC, filed the underlying action on 19 August
2019, alleging breach of a commercial lease by Vibha Men’s Clothing, LLC, and
breach of a guaranty of the commercial lease by Defendant Kalishwar Das. After a
bench trial, the trial court entered an order on 25 September 2020 in Plaintiff’s favor.
Defendant filed a motion for new trial on 5 October 2020; the trial court denied
this motion by order entered 25 March 2021. Defendant filed a notice of appeal. The
North Carolina Court of Appeals dismissed Defendant’s appeal on 20 December 2022,
and the North Carolina Supreme Court denied Defendant’s Petition for Certiorari.
Defendant then filed three motions under Rule 60 of the North Carolina Rules
of Civil Procedure; each was denied. Defendant’s third Rule 60 motion, at issue here,
was a “Motion to Vacate Void Judgment Under Rule 60(b)(4)[.]” The trial court heard
the 60(b)(4) motion on 14 May 2025 and apparently1 entered an order on 20 May 2025
denying it. Defendant apparently filed a Rule 59(e) motion on 21 May 2025. The
trial court entered an apparently corrected order on 23 May 2025 denying
Defendant’s Rule 60(b)(4) motion. Defendant apparently filed a second Rule 59(e)
motion on 29 May 2025. Defendant filed notice of appeal on 17 June 2025 from the
23 May 2025 order denying his Rule 60(b)(4) motion.
Following Defendant’s notice of appeal and service of a proposed record on
1 The parties appear to agree on some of the procedural posture that is not evident in the
filed record.
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appeal, Plaintiff filed objections to the proposed record, and Defendant sought a
hearing to settle the record. The trial court held a hearing to settle the record and
entered an order settling the record on 12 September 2025.
II. Discussion
Although Defendant’s briefing presents various overlapping theories, the
appeal appears to address the following three legally cognizable issues: (1) Whether
the 2020 judgment is void under Rule 60(b)(4). (2) Whether the trial court lacked
authority to enter the 23 May 2025 order. (3) Whether the trial court erred in settling
the record on appeal by omitting certain documents. We address each in turn.
A. The 2020 Judgment
N.C. Gen. Stat. § 1A-1, Rule 60(b) of the Rules of Civil Procedure provides that,
upon proper motion, a “court may relieve a party or his legal representative from a
final judgment, order, or proceeding[.]” N.C. Gen. Stat. § 1A-1, Rule 60(b) (2025).
Rule 60(b)(4) allows relief from a judgment that is void. Id. § Rule 60(b)(4). “A Rule
60(b)(4) motion is only proper where a judgment is ‘void’ as that term is defined by
the law.” Ottway Burton, P.A. v. Blanton, 107 N.C. App. 615, 616 (1992). “A judgment
will not be deemed void merely for an error in law, fact, or procedure.” Id. “A
judgment is void only when the issuing court has no jurisdiction over the parties or
subject matter in question or has no authority to render the judgment entered.” Id.
(citations omitted). Whether a judgment is void is a question of law, reviewed by this
Court de novo. See Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 517
-3- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
(2004).
1. Subject Matter Jurisdiction
Defendant argues the trial court lacked subject matter jurisdiction because
Plaintiff allegedly “forfeited” its leasehold interest by seizing property during eviction
proceedings. He contends this forfeiture deprived Plaintiff of standing at inception,
rendering the judgment void.
Under N.C. Gen. Stat. § 7A‑240, the superior court has original jurisdiction
over “all justiciable matters of a civil nature,” including breach‑of‑contract claims.
Harris v. Pembaur, 84 N.C. App. 666, 667-68 (1987). Plaintiff’s complaint alleged
breach of lease and guaranty—quintessential contract claims. No statutory or
constitutional limitation deprived the trial court of jurisdiction.
Defendant’s argument that Plaintiff’s conduct during eviction extinguished its
lease rights is a merits defense, not a jurisdictional defect. The trial court found at
trial that Plaintiff “did not remove anything other than signage, some broken
displays, rotten food, trash, etc.” and that Defendant presented “no evidence that any
property was removed[.]” Whether that finding was correct is immaterial here. Rule
60(b)(4) does not permit relitigating factual disputes resolved at trial. See Ottway,
107 N.C. App. at 616-17.
2. Personal Jurisdiction
Defendant appears to argue that the trial court lacked personal jurisdiction
over him.
-4- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
Generally, a court asserts personal jurisdiction over a defendant through
service on the defendant with the summons and complaint. Slattery v. Appy City,
LLC, 385 N.C. 726, 730 (2024). Additionally, a court may exercise personal
jurisdiction through a defendant’s general or voluntary appearance. In re K.J.L., 363
N.C. 343, 346 (2009). Finally, when a party fails to raise an argument at the trial
court level, that argument is waived on appeal. See Guerra v. Harbor Freight Tools,
287 N.C. App. 634, 638 (2023) (citation omitted).
Here, Defendant was served with the summons and complaint on 27 August
2019 and filed an answer on 23 September 2019. He appeared at trial and sought
affirmative relief. Furthermore, Defendant made no argument in his Rule 60(b)(4)
motion as to the superior court’s lack of personal jurisdiction. Accordingly,
Defendant’s arguments lack merit and are also waived. See N.C. Gen. Stat. § 1A-1,
Rule 12(h)(1) (2025); In re K.J.L., 363 N.C. at 346-47.
3. Plaintiff’s Present Standing Under Rule 17(a)
Defendant argues Plaintiff lacks present standing because it sold the property
in 2023. Defendant also filed a “motion under Rule 17(a) to determine appellee’s
standing in this appeal.” (capitalization altered).
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-924
Filed 3 June 2026
Mecklenburg County, No. 19CVS016728-590
SCGVIII-LAKEPOINTE, LLC, Plaintiff,
v.
VIBHA MEN’S CLOTHING, LLC; KALISHWAR DAS, Defendants.
Appeal by Defendant from order entered 23 May 2025 by Judge Troy J.
Stafford in Mecklenburg County Superior Court. Heard in the Court of Appeals 20
May 2026.
Kalishwar Das pro se Defendant-Appellant.
No brief filed for Defendant-Appellant Vibha Men’s Clothing, LLC.
Johnston, Allison & Hord, P.A., by J. Nathanial Pierce, for Plaintiff-Appellee.
COLLINS, Judge.
Defendant Kalishwar Das appeals from the trial court’s order denying his Rule
60(b)(4) motion for relief from judgment. Defendant also challenges the trial court’s
authority to enter a corrected order on 23 May 2025, the settlement of the record on
appeal, and Plaintiff’s standing. We affirm. SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
Opinion of the Court
I. Background
Plaintiff SCGVIII-Lakepointe, LLC, filed the underlying action on 19 August
2019, alleging breach of a commercial lease by Vibha Men’s Clothing, LLC, and
breach of a guaranty of the commercial lease by Defendant Kalishwar Das. After a
bench trial, the trial court entered an order on 25 September 2020 in Plaintiff’s favor.
Defendant filed a motion for new trial on 5 October 2020; the trial court denied
this motion by order entered 25 March 2021. Defendant filed a notice of appeal. The
North Carolina Court of Appeals dismissed Defendant’s appeal on 20 December 2022,
and the North Carolina Supreme Court denied Defendant’s Petition for Certiorari.
Defendant then filed three motions under Rule 60 of the North Carolina Rules
of Civil Procedure; each was denied. Defendant’s third Rule 60 motion, at issue here,
was a “Motion to Vacate Void Judgment Under Rule 60(b)(4)[.]” The trial court heard
the 60(b)(4) motion on 14 May 2025 and apparently1 entered an order on 20 May 2025
denying it. Defendant apparently filed a Rule 59(e) motion on 21 May 2025. The
trial court entered an apparently corrected order on 23 May 2025 denying
Defendant’s Rule 60(b)(4) motion. Defendant apparently filed a second Rule 59(e)
motion on 29 May 2025. Defendant filed notice of appeal on 17 June 2025 from the
23 May 2025 order denying his Rule 60(b)(4) motion.
Following Defendant’s notice of appeal and service of a proposed record on
1 The parties appear to agree on some of the procedural posture that is not evident in the
filed record.
-2- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
appeal, Plaintiff filed objections to the proposed record, and Defendant sought a
hearing to settle the record. The trial court held a hearing to settle the record and
entered an order settling the record on 12 September 2025.
II. Discussion
Although Defendant’s briefing presents various overlapping theories, the
appeal appears to address the following three legally cognizable issues: (1) Whether
the 2020 judgment is void under Rule 60(b)(4). (2) Whether the trial court lacked
authority to enter the 23 May 2025 order. (3) Whether the trial court erred in settling
the record on appeal by omitting certain documents. We address each in turn.
A. The 2020 Judgment
N.C. Gen. Stat. § 1A-1, Rule 60(b) of the Rules of Civil Procedure provides that,
upon proper motion, a “court may relieve a party or his legal representative from a
final judgment, order, or proceeding[.]” N.C. Gen. Stat. § 1A-1, Rule 60(b) (2025).
Rule 60(b)(4) allows relief from a judgment that is void. Id. § Rule 60(b)(4). “A Rule
60(b)(4) motion is only proper where a judgment is ‘void’ as that term is defined by
the law.” Ottway Burton, P.A. v. Blanton, 107 N.C. App. 615, 616 (1992). “A judgment
will not be deemed void merely for an error in law, fact, or procedure.” Id. “A
judgment is void only when the issuing court has no jurisdiction over the parties or
subject matter in question or has no authority to render the judgment entered.” Id.
(citations omitted). Whether a judgment is void is a question of law, reviewed by this
Court de novo. See Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 517
-3- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
(2004).
1. Subject Matter Jurisdiction
Defendant argues the trial court lacked subject matter jurisdiction because
Plaintiff allegedly “forfeited” its leasehold interest by seizing property during eviction
proceedings. He contends this forfeiture deprived Plaintiff of standing at inception,
rendering the judgment void.
Under N.C. Gen. Stat. § 7A‑240, the superior court has original jurisdiction
over “all justiciable matters of a civil nature,” including breach‑of‑contract claims.
Harris v. Pembaur, 84 N.C. App. 666, 667-68 (1987). Plaintiff’s complaint alleged
breach of lease and guaranty—quintessential contract claims. No statutory or
constitutional limitation deprived the trial court of jurisdiction.
Defendant’s argument that Plaintiff’s conduct during eviction extinguished its
lease rights is a merits defense, not a jurisdictional defect. The trial court found at
trial that Plaintiff “did not remove anything other than signage, some broken
displays, rotten food, trash, etc.” and that Defendant presented “no evidence that any
property was removed[.]” Whether that finding was correct is immaterial here. Rule
60(b)(4) does not permit relitigating factual disputes resolved at trial. See Ottway,
107 N.C. App. at 616-17.
2. Personal Jurisdiction
Defendant appears to argue that the trial court lacked personal jurisdiction
over him.
-4- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
Generally, a court asserts personal jurisdiction over a defendant through
service on the defendant with the summons and complaint. Slattery v. Appy City,
LLC, 385 N.C. 726, 730 (2024). Additionally, a court may exercise personal
jurisdiction through a defendant’s general or voluntary appearance. In re K.J.L., 363
N.C. 343, 346 (2009). Finally, when a party fails to raise an argument at the trial
court level, that argument is waived on appeal. See Guerra v. Harbor Freight Tools,
287 N.C. App. 634, 638 (2023) (citation omitted).
Here, Defendant was served with the summons and complaint on 27 August
2019 and filed an answer on 23 September 2019. He appeared at trial and sought
affirmative relief. Furthermore, Defendant made no argument in his Rule 60(b)(4)
motion as to the superior court’s lack of personal jurisdiction. Accordingly,
Defendant’s arguments lack merit and are also waived. See N.C. Gen. Stat. § 1A-1,
Rule 12(h)(1) (2025); In re K.J.L., 363 N.C. at 346-47.
3. Plaintiff’s Present Standing Under Rule 17(a)
Defendant argues Plaintiff lacks present standing because it sold the property
in 2023. Defendant also filed a “motion under Rule 17(a) to determine appellee’s
standing in this appeal.” (capitalization altered).
Rule 17(a) concerns the real party in interest at the time of suit and provides,
“Every claim shall be prosecuted in the name of the real party in interest.” N.C. Gen.
Stat. § 1A-1, Rule 17(a) (2025). “If a party does not have standing to bring a claim, a
court has no subject matter jurisdiction to hear the claim.” Finks v. Middleton, 251
-5- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
N.C. App. 401, 408 (2016) (citation and emphasis omitted). “However, [s]tanding is
determined at the time of the filing of a complaint.” Id. (quotation marks and
citations omitted). And generally, “once jurisdiction attaches, it will not be ousted by
subsequent events.” Id.
Here, any post-judgment transfer of property did not extinguish Plaintiff’s
interest in an existing money judgment or its status as Plaintiff. Defendant’s
argument lacks merit and his “motion under Rule 17(a) to determine appellee’s
standing in this appeal” does not entitle Defendant to relief and is denied.
4. Summary
For the reasons above, the 2020 judgment is not void, and the trial court
correctly denied Defendant Rule 60(b)(4) relief.
B. 23 May 2025 Order
Defendant contends the trial court lacked authority to enter the 23 May 2025
corrected order because he had filed Rule 59(e) motions on 21 and 29 May 2025. The
argument is unavailing.
Under Lovallo v. Sabato, when a party files a notice of appeal before the trial
court rules on a Rule 59 motion, the Rule 59 motion is abandoned, and the appeal
proceeds from the underlying order. 216 N.C. App. 281, 285 (2011).
Here, Defendant filed his notice of appeal rather than seeking a ruling on his
Rule 59(e) motions. He cannot now claim error based on his own procedural election.
Moreover, Defendant does not argue that the 23 May 2025 corrected order did more
-6- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
than merely correct the earlier order; thus, it did not adjudicate new rights or alter
substantive outcomes.
Accordingly, the trial court did not exceed its authority in entering the 23 May
2025 corrected order.
C. Settlement of the Record on Appeal
Defendant argues the record is defective because it does not include his Rule
59(e) filings or other materials.
The trial court settled the record after hearing from both parties. “A trial
court’s order settling the record on appeal is final and will not be reviewed on appeal.
Review of an order settling the record on appeal is available, if at all, only by way of
certiorari.” Quantum Corp. Funding, Ltd. v. B.H. Bryan Bldg. Co., Inc., 175 N.C.
App. 483, 489 (2006) (quotation marks and citation omitted).
Because Defendant did not file a petition for writ of certiorari, we do not
consider this issue.
III. Conclusion
The trial court possessed jurisdiction over the underlying action, properly
exercised personal jurisdiction over Defendant, and acted within its authority in
denying Defendant Rule 60(b)(4) relief. Defendant’s remaining arguments lack
merit. The order of the trial court is affirmed.
AFFIRMED.
Judges WOOD and FLOOD concur.
-7- SCGVIII-LAKEPOINTE, LLC V. VIBHA MEN’S CLOTHING, LLC
Report per Rule 30(e).
-8-