Bailey v. Gooding

MARTIN, Judge. 1

We first consider the interlocutory order of Judge Stevens. This order is void and must be vacated for two reasons. First, the “judgment” which it purports to set aside pursuant to Rule 60(b) was an entry of default, not a final judgment by default. Pendley v. Ayers, 45 N.C. App. 692, 263 S.E. 2d 833 (1980). Rule 60(b), by its express terms, applies only to final judgments. An entry of default may be set aside, not by motion pursuant to Rule 60(b), but by motion pursuant to Rule 55(d) and a showing of good cause. Pendley v. Ayers, supra. Second, even had defendants proceeded…