Howard v. Williams

CARLTON, Judge.

Plaintiff’s primary contention is that the facts found by the trial court are insufficient to support its conclusion that there was excusable neglect on the part of the individual defendant, and that the evidence is insufficient to support such findings.

G.S. 1A-1, Rule 55(d) provides: “For good cause shown the court may set aside an entry of default, and, if a judgment by default has been entered, the judge may set it aside in accordance with Rule 60(b).”

The judgment entered by the clerk was not a mere entry of default, but was a final judgment which may be set aside only for…