Thomas v. McKibben

Bell, Chief Judge.

This case is an appeal from an order overruling defendant’s motion to open a default. Held:

1. The court’s comment during the hearing on the *887motion "I have a little discretion, but if there is no excuse, can I just arbitrarily open it?” clearly negates the defendant’s contention that the trial court erred in believing it had no discretion to open the default even in the absence of a showing of providential cause or excusable neglect under § 55 (b) of the Civil Practice Act (Code § 81A-155 (b)).

Submitted September 15, 1975 Decided September 29, 1975. Swift, Currie, McGhee &…