Peebles v. Moore

MORRIS, Chief Judge.

Defendant’s first assignment of error is to the trial court’s entry of default against him. Defendant argues that there is no record of a written motion for entry of default having been filed with the clerk, and that his answer, although untimely, constituted a bar to the entry of default. We believe, however, that entry of default was proper.

With respect to the necessity of a written motion for entry of default, under Rule 55, “[w]hile it may be better practice to file a written motion, .. . the use of a written motion is [not] mandatory.” Sawyer v. Cox, 36 N.C. App. 300,…