Carolina Garage, Inc. v. Holston

HEDRICK, Judge.

Defendant’s single assignment of error is as follows:

The Court’s denial of defendant’s Motion under North Carolina Rule of Civil Procedure 13(f) for leave to set up a counterclaim by amendment to the defendant’s Answer, on the grounds that the counterclaim was omitted from the Answer by oversight, inadvertence or excusable neglect and justice required the allowance of the Motion and the denial of the Motion was prejudicial to the defendant and demonstrated an abuse of discretion.

Rule 13(f) provides: “When a pleader fails to set up a counterclaim through oversight, inadvertence…