Legal Opinion

Williams v. Moore

Court of Appeals of North Carolina

Decided September 19, 1989No. 894SC53PublishedCited by 7 opinions

1Opinion of the Court

ARNOLD, Judge.

Defendant contends the trial court erred in denying his motion to set aside the entry of default and default judgment. A motion to set aside entry of default and default judgment is addressed to the sound discretion of the trial court. Acceptance Corp. v. Samuels, 11 N.C. App. 504, 510, 181 S.E.2d 794, 798 (1971). The trial court’s order ruling on such a motion will not be disturbed absent a showing of abuse of discretion.

The defendant first argues the entry of default and default judgment are void because they were entered before the time to answer plaintiffs’ complaint had…

2Cases cited4 opinions

  1. North American Acceptance Corp. v. SamuelsCourt of Appeals of North Carolina · 1971
  2. PLANTERS NATIONAL BANK & TRUST COMPANY v. RushCourt of Appeals of North Carolina · 1973
  3. Smith v. BarfieldCourt of Appeals of North Carolina · 1985
  4. McGuire v. SammondsSupreme Court of North Carolina · 1957

3Cited by7 opinions

  1. Grant v. CoxCourt of Appeals of North Carolina · 1992
  2. Precision Fabrics Group, Inc. v. Transformer Sales & Service, Inc.Supreme Court of North Carolina · 1996
  3. Blackmon v. BlackmonCourt of Appeals of North Carolina · 2026
  4. Ikerd v. GreenwoodNorth Carolina Business Court · 2008
  5. Precision Fabrics Group, Inc. v. Transformer Sales & Service, Inc.Supreme Court of North Carolina · 1996

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