Legal Opinion

PIONEER ACOUSTICAL COMPANY INC. v. Cisne and Associates, Inc.

Court of Appeals of North Carolina

Decided March 5, 1975No. 7426DC1031PublishedCited by 10 opinions

1Opinion of the Court

VAUGHN, Judge.

Plaintiff has attempted to appeal from an order setting aside an entry by default previously entered under Rule 55 (a) of the North Carolina Rules of Civil Procedure. The order entered pursuant to Rule 55 (d), setting aside the entry by default, is interlocutory and plaintiff’s appeal is premature. Trust Co. v. Construction Co., 24 N.C. App. 131, 210 S.E. 2d 97. Moreover, plaintiff’s argument that defendant failed to show excusable neglect and a meritorious defense is irrelevent. Rule 55(d) authorizes the judge to set aside the entry for good cause shown. The determination is…

2Cases cited2 opinions

  1. Whaley v. RhodesCourt of Appeals of North Carolina · 1970
  2. First-Citizens Bank & Trust Co. v. R & G Construction Co.Court of Appeals of North Carolina · 1974

3Cited by10 opinions

  1. Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
  2. Bailey v. GoodingSupreme Court of North Carolina · 1980
  3. Frye v. WilesCourt of Appeals of North Carolina · 1977
  4. Pendley v. AyersCourt of Appeals of North Carolina · 1980
  5. Bailey v. GoodingCourt of Appeals of North Carolina · 1980

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