Gallbronner v. Mason

COZORT, Judge.

Defendant in the case below moved pursuant to Rules 55(d) and 60(b) of the North Carolina Rules of Civil Procedure for relief from judgment by default entered 14 March 1989. After a hearing, the trial court entered two .orders, one denied defendant’s motion for relief from judgment and the other granted plaintiffs’ “Motion to Forfeit Security Deposit.” We affirm the first order' and vacate the second.

On 5 April 1988, plaintiffs and defendant executed a lease for a five-year term beginning 1 June 1988. Defendant agreed to pay a monthly rental of $1,500 beginning on 1 August 1988,…