Norton v. Sawyer

MARTIN, Judge.

Motions to set aside a final judgment are governed by Rule 60(b) of the North Carolina Rules of Civil Procedure which provides in pertinent part:

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect;(6) Any other reason justifying relief from the operation of the judgment.”

While motions under Rule 60(b)(1) must be brought within one year after a judgment is taken or entered, motions under Rule 60(b) (6),…