Brown v. Windhom

COZORT, Judge.

Defendant appeals from the trial court’s denial of defendant’s Rule 60 motion to set aside the judgment. We affirm, finding no *220error in the trial court’s conclusion that it was unreasonable for defendant to delay almost a year before filing the motion.

On 17 November 1987, plaintiff Herman Brown brought an action against defendant L. H. Windhom, d/b/a Windhom Brothers. Plaintiff sought rescission of a contract and alternatively sought relief for breach of contract. Defendant’s attorney at that time, Paul White, from Pitt County, timely filed an answer to the complaint. Pursuant…