BRAD HURD v. PRIORITY AUTOMOTIVE HUNTERSVILLE INC (2026)

Court of Appeals of North Carolina.

BRAD W. HURD, Plaintiff, v. PRIORITY AUTOMOTIVE HUNTERSVILLE, INC., Defendant.

No. COA25-1119

Decided: November 04, 2026

Woods Rogers Vandeventer Black, PLC, by Joshua F. P. Long, for defendant-appellant. Williams & Perry, PLLC, by M. Shane Perry, for plaintiff-appellee.

This appeal arises from the trial court's order striking defendant's answer and directing the clerk to enter default. Because defendant filed its answer before default was entered, we reverse and remand.

Plaintiff moved for entry of default on 12 February 2025, and defendant filed its answer on 14 February 2025. When the clerk considered the motion on 19 February 2025, the answer was already on file.

Once an answer has been filed—even if untimely—default may not be entered. Peebles v. Moore, 302 N.C. 351, 356 (1981); Broughton v. McClatchy Newspapers, Inc., 161 N.C. App. 20, 24 (2003); Moore v. Sullivan, 123 N.C. App. 647, 649 (1996). The trial court therefore erred by striking defendant's answer and directing entry of default.

Because this issue is dispositive, we do not address defendant's remaining arguments. Monteith v. Kovas, 162 N.C. App. 545, 546 (2004).

REVERSED AND REMANDED.

Report per Rule 30(e).

GORE, Judge.

Judges TYSON and COLLINS concur.

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