Boyd v. Marsh

ARNOLD, Judge.

It is well-established that a party served with a summons must give the matter the attention which a person of ordinary prudence gives to his important business, and failure to do so is not excusable neglect under G.S. 1A-1, Rule 60(b)(1). See Ellison v. White, 3 N.C. App. 235, 164 S.E. 2d 511 (1968); Meir v. Walton, 2 N.C. App. 578, 163 S.E. 2d 403 (1968) and cases cited therein. In the instant case the facts do not support the court’s conclusion that defendant’s failure to answer was excusable. Defendant has a ninth grade education and can read and write. He previously has…