Nero v. Material Sales Co., Inc.

This is an appeal from denial of a Rule 60 (b) motion. We affirm.

The pleading, without legend but which the trial court considered as a Rule 60 (b) motion, alleged that a judgment entered against defendant upon agreement and consent of his retained counsel was without the knowledge, consent and authority of defendant. It further alleged that defendant had a meritorious defense to the suit. The defendant and original plaintiff denied the allegations. Evidence was heard by the court and the court refused to set aside the judgment.

The clerk's record discloses the following: Sam Nero was sued by…