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Hemric v. Groce12/3/2002
for a declaratory judgment regarding the parties' contract embodied in the consent judgment, see Home Health and Hospice Care, Inc. v. Meyer, 88 N.C. App. 257, 262, 362 S.E.2d 870, 873 (1987) (while a party may, in a separate and independent action, seek a declaratory judgment with respect to a consent judgment, a declaratory judgment cannot be commenced by a motion in the cause), Plaintiffs did not pursue these avenues but restricted themselves to a motion to show cause why Defendants were not in contempt.
II.
Void Orders under Rule 60(b)(4)
Plaintiffs argue in their brief to this Court that even if the district court lacked authority to hear Plaintiffs' motion to show cause, Defendants were prohibited from collaterally attacking the contempt orders because these orders were not void but merely voidable. See Worthington v. Wooten, 242 N.C. 88, 92, 86 S.E.2d 767, 770 (1955) (only void judgments may be collaterally attacked).
In determining whether an order is void or voidable, our courts have held:
"If a judgment is void, it must be from one or more of the following causes: 1. Want of jurisdiction over the subject matter; 2. Want of jurisdiction over the parties to the action, or some of them; or 3. Want of power to grant the relief contained in the judgment. In pronouncing judgments of the first and second classes, the court acts without jurisdiction, while in those of the third class, it acts in excess of jurisdiction." Allred v. Tucci, 85 N.C. App. 138, 142, 354 S.E.2d 291, 294 (1987) (quoting Ellis v. Ellis, 190 N.C. 418, 421, 130 S.E. 7, 9 (1925)).
In this case, the district court's contempt orders were void because a trial court clearly lacks the authority to find a party in contempt for noncompliance with a non-domestic consent judgment. See Crane, 114 N.C. App. at 106, 441 S.E.2d at 144-45. The superior court therefore erred in denying Defendants' motion for relief from judgment, and the contempt orders must be vacated.
Damages Action
III.
Summary Judgment
Defendants also appeal the superior court's denial of their motion for summary judgment with respect to Plaintiffs' damages claim.
A.
Defendants first argue the superior court lacked subject matter jurisdiction to hear Plaintiffs' damages action because Plaintiffs failed to exhaust their administrative remedies before the CFSA by not appealing the agency's decision. This Court has held that an action is properly dismissed for lack of subject matter jurisdiction where the plaintiff has failed to exhaust administrative remedies. Shell Island Homeowners Ass'n v. Tomlinson, 134 N.C. App. 217, 220, 517 S.E.2d 406, 410 (1999); see Swain v. Elfland, 145 N.C. App. 383, 388-89, 550 S.E.2d 530, 535 (dismissing the plaintiff's whistleblower claim in superior court where plaintiff had previously elected to try this claim in the Office of Administrative Hearings), cert. denied, 354 N.C. 228, 554 S.E.2d 832 (2001). This doctrine, however, does not apply where the judicial remedy sought is not available under the administrative process. See Guthrie v. Conroy, --- N.C. App. ---, ---, 567 S.E.2d 403, 407-08 (2002) (as the plaintiff's common law tort claims for personal injury caused by intentional and negligent infliction of emotional distress did not amount to a statutory "sexual harassment case," the plaintiff was not required to exhaust administrative remedies before bringing her action in the trial court); Brooks v. Southern Nat'l Corp., 131 N.C. App. 80, 86, 505 S.E.2d 306, 310 (1998) (a plaintiff is not required to exhaust administrative remedies where his common law claims were not subject to administ
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