Whitfield v. Wakefield

HEDRICK, Judge.

We note at the outset that defendant’s motion, dated 10 September 1979, “to set aside the default and Default Judgment entered herein on January 31, 1978 ...” does not contain the rule pursuant to which the motion was made as contemplated by Rule 6 of the General Rules of Practice for the Superior and District Courts; nevertheless, the trial judge purported to set aside the final judgment entered on 31 January 1978 pursuant to Rule 60(b). Obviously, subsections (1-5) of Rule 60(b) have no application in this case. Therefore, we must assume that the trial judge purported to set…