City Finance Co. of Goldsboro, Inc. v. Boykin

ORR, Judge.

I

Plaintiff argues that the trial court erred in denying its motion to set aside the judgment. We do not agree.

N.C.G.S. § 1A-1, Rule 60(b) provides that:

On motion and upon such terms as are just, the court may relieve a party . . . from a final judgment, order, or proceeding for the following reasons:(1) Mistake, inadvertence, surprise, or excusable neglect.

Plaintiff contends that the judgment should be set aside because any failure to prosecute this suit was due to the negligence of its attorney and not to any negligence on its own part. Although the negligence of an attorney is…