I filed motion for relief from judgement pursuant to rule 60 of NC Rules of Civil Procedure because my ex’s attorney type the custody order up incorrectly. My ex has filed motion to dismiss my motion on the ground that it fails to state a claim upon which relief can be granted pursuant to Rules 7(b)(1) and 12(b)(6). I looked these rules up and really don’t understand what he is talking about. The case is scheduled to be heard on October 14. Since he filed a motion to dismiss, does that mean the case will not be heard on that date…or will the judge still hear the case on October 14 and deny his motion to dismiss if it is not reasonable.
The judge will hear the motion to dismiss and determine if the case should move forward.