Byrd v. Mortenson

ARNOLD, Judge.

Defendants’ primary attack on appeal is on the trial judge’s refusal to set aside the defaults against them.

For the entry of a default to be disturbed, as those entered by the Clerk of Superior Court on 3 and 6 April in this case, G.S. 1A-1, Rule 55(d) requires that “good cause” be shown. That determination is in the trial judge’s discretion and will not be disturbed absent an abuse of discretion. Frye v. Wiles, 33 N.C. App. 581, 235 S.E. 2d 889 (1977). Crotts v. Pawn Shop, 16 N.C. App. 392, 192 S.E. 2d 55, cert. denied 282 N.C. 425, 192 S.E. 2d 835 (1972).

This Court follows the…