Byrd v. Mortenson

BRANCH, Chief Justice.

The questions presented by this appeal are (1) whether the trial judge properly refused to set aside the entries of default and (2) whether it was error for the trial judge to deny defendants’ motion for additional time to file answer.

Rule 55(d) of the North Carolina Rules of Civil Procedure provides that the trial court may set aside an entry of default “for good cause shown.” G.S. 1A-1, Rule 55(d). The determination of whether an adequate basis exists for setting aside the entry of default rests in the sound discretion of the trial judge. Frye v. Wiles, 33 N.C. App.…