Braun v. Grundman

EAGLES, Judge.

Plaintiff purports to appeal from an order setting aside a judgment as having been entered upon surprise and excusable neglect. G.S. 1A-1, Rule 60(b)(1). Appeals from such orders must be dismissed as interlocutory. Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980); Metcalf v. Palmer, 46 N.C. App. 622, 265 S.E. 2d 484 (1980).

Although we need not here address the propriety of the trial court’s action in setting aside the judgment on the grounds of mistake, inadvertence, surprise and excusable neglect, we note that a party is not “surprised” merely when he is alarmed by an…