Whitley v. Coltrane

EAGLES, Judge.

Defendant first asserts that the trial judge should have allowed her to withdraw her admission that the signature on the note was in fact the signature of Deane F. Bell. She contends that her failure to answer plaintiffs request for admission, which resulted in an admission of the genuineness of the signature, occurred through mistake or inadvertence. We find that the trial judge committed no error in failing to grant defendant’s motion to withdraw her admission.

We first note that Rule 36(b) of the North Carolina Rules of Civil Procedure provides that “the court may permit…