Standard Equipment Co., Inc. v. Albertson

VAUGHN, Judge.

Defendant presents a single assignment of error by which he contends that the facts as found in this case do not justify relief under Rule 60(b). Plaintiff’s motion for relief from the judgment did not specify the statutory language upon which it relied, however, it seems clear that the facts alleged relate to Rule 60(b) (1) and relief due to excusable neglect. Thus our inquiry must be whether the facts as found show excusable neglect as a matter of law. Mason v. Mason, 22 N.C. App. 494, 206 S.E. 2d 764 (1974). We hold that they do not. A party has a duty “to keep himself…