Fountain v. Patrick

ERWIN, Judge.

The setting aside of default judgments is governed by the provisions of G.S. 1A-1, Rule 60(b) and G.S. 1A-1, Rule 55(d). Rule 60(b), relied upon by defendants in their motion to set aside the judgment, provides:

On motion and upon 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.

“If a movant is uncertain whether to proceed under clause (1) or (6) of Rule…