Campbell v. First-Citizens Bank & Trust Co.

BALEY, Judge.

Motions to set aside a final judgment are governed by Rule 60(b) of the North Carolina Rules of Civil Procedure which provides in pertinent part:

*634“On motion and on such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

“(1) Mistake, inadvertence, surprise, or excusable neglect;

“(6) Any other reason justifying relief from the operation of the judgment.”

Our Supreme Court has stated that “ [i] f a movant is uncertain whether to proceed under clause (1) or (6) of Rule 60 (b) he need not…