Harrington v. Harrington

ARNOLD, Judge.

Defendants first contend that their failure to appear in court on 29 August was excusable neglect, induced by the confusion of receiving two trial calendars with their case calendared for two different months. They argue that it was reasonable for them to assume that the September calendar “extinguished” the August one, and they seek relief under G.S. 1A-1, Rule 60(b)(1) from the judgment entered against them.

We find that defendants’ failure to appear at the August session was not excusable neglect. We note initially that relief under Rule 60(b) is within the discretion of the…