Menache v. Atlantic Coast Management Corp.

ERWIN, Judge.

The district court is the proper forum to hear and decide a motion made pursuant to G.S. 1A-1, Rule 60(b), of the Rules of Civil Procedure for relief from judgment or order entered in the magistrate’s court. A new trial is not permitted before the magistrate. G.S. 7A-228.

Plaintiffs contend that the trial court committed error in concluding as a matter of law:

“1) the failure of Atlantic Coast Management Corporation and its officers to defend the summary ejectment action constituted excusable neglect pursuant to Rule 60 of the North Carolina Rules of Civil Procedure where Atlantic…