Bruton v. Sea Captain Properties, Inc.

LEWIS, Judge.

The sole question on appeal is whether Judge Barnette abused his discretion when he denied appellants’ Rule 60(b) motion to set aside the judgment. Vaglio v. Town and Campus Intern. Inc., 71 N.C. App. 250, 256, 322 S.E.2d 3, 7 (1984). G.S. 1A-1, Rule 60 provides:(b) . . . On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:(1) Mistake, inadvertence, surprise, or excusable neglect;(2) Newly discovered evidence which by due diligence could not have been discovered…