Legal Question in Civil Litigation in North Carolina

Re: Consent Judgment content

It's somewhat difficult to get a good handle on this question; more details would be very helpful. As a general matter, for most purposes, it is irrelevant whether a finding & judgment is by operation of a "consent order," or by operation of a "summary judgment." There may, however, be some instances where it makes a difference, but that is fairly rare. As for the wording of the judgment following the hearing, the usual method to correct such a discrepancy would be a motion motion for reconsideration (Rule 60), as opposed to an appeal. I do not understand what is meant by the appeal was "denied"; unless you fail to follow the appellate rules (which is easy to do), you can take an appeal; perhaps you mean the ruling was affirmed on appeal. As for the propriety of the Summary Judgment language being transferred over to the Consent Judgment, I suppose that could be done either way. If the previous Summary Judgment was properly entered, then it arguably makes sense to carry that language over to the consent order. You may want to consult a lawyer for your appeal rights and "reconsideration" rights, if you have not done so already.