Sharyn's Jewelers, LLC v. Ipayment, Inc.

HUNTER, Robert C., Judge,

concurring.

I concur with the result reached by the majority, but write separately because I disagree with the majority’s conclusion that the entry of the default judgment is the appropriate time to consider timeliness in a Rule 60(b)(6) motion under these circumstances. I would find that the appropriate measuring point occurs when the defendant has first notice of the excess relief unsupported by the complaint.

This Court has held that individual circumstances define “reasonable time” under Rule 60(b)(6). See Nickels v. Nickels, 51 N.C. App. 690, 692, 277 S.E.2d 577,…