Mason v. Mason

HEDRICK, Judge.

G.S. 1A-1, Rule 60(b) (1) of the Rules of Civil Procedure provides that a party may be relieved from a final judgment on the following grounds: “Mistake, inadvertence, surprise, or excusable neglect.” Determination of whether excusable neglect, inadvertence, or surprise has been shown is a question of law, not a question of fact, Equipment, Inc. v. Lipscomb, 15 N.C. App. 120, 189 S.E. 2d 498 (1972) ; and the conclusion reached is final “unless, exception is made that there was no evidence to support the findings of fact or that there was a failure to find sufficient material…