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Estate of Barber v. Guilford County Sheriff's Dep't12/16/2003
equently violates a settlement agreement that has not been incorporated into a consent judgment. Id. The trial court was without authority under N.C. Gen. Stat. ยง 7A-38.1(g) or its inherent authority to sanction plaintiffs for violating the terms of the settlement agreement. Defendant's remedy is to bring a new action on the settlement agreement or to seek relief in the present action if the trial court grants defendant's motion to set aside the dismissal. State ex rel. Howes, 128 N.C. App. at 136, 493 S.E.2d at 796-797. We reverse that part of the trial court's order imposing sanctions on plaintiffs.
VII. Conclusion
We affirm that portion of the trial court's order which holds that plaintiffs' waiver of their First Amendment rights was voluntarily, knowingly, and intelligently given. The trial court was without authority to impose sanctions on plaintiffs and to order plaintiffs to specifically perform the terms of the settlement agreement. We vacate those portions of the trial court's order. This action is remanded for a ruling on defendant's motion to set aside his dismissal with prejudice of his counterclaims pursuant to North Carolina Rules of Civil Procedure, Rule 60(b). Carter, 102 N.C. App. at 252, 401 S.E.2d at 665.
Affirmed in part, Vacated in part, and Remanded.
Judges MCCULLOUGH and BRYANT concur.
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