Howell Ex Rel. Howell v. Haliburton

PARKER, Judge.

Whether good cause exists to set aside an entry of default pursuant to Rule 55 (d) is a matter addressed to the sound discretion of the trial court, Acceptance Corp. v. Samuels, 11 N.C. App. 504, 181 S.E. 2d 794, and its ruling will not be disturbed unless a clear abuse of discretion is shown, Hubbard v. Lumley, 17 N.C. App. 649, 195 S.E. 2d 330. On the facts of this case, no abuse of discretion has been shown.

The affidavits presented by defendant Bottling Co. in support of its motion indicated that plaintiffs’ summons and complaint were served upon Donald L. McCollum,…