State v. Mitchell

EAGLES, Judge.

The defendant assigns as error the trial court’s denial of his motion to set aside entry of default and default judgment. To prevail on a Rule 60(b) motion, the burden is on the movant to show that his neglect in failing to answer or otherwise appear was excusable and that he has a meritorious defense to the action of the plaintiff. Menache v. Atlantic Coast Management Corp., 43 N.C. App. 733, 260 S.E. 2d 100 (1979), cert. denied 299 N.C. 331, 265 S.E. 2d 396 (1980). We find no error in the trial judge’s determination that the defendant did not show excusable neglect or a…