J&M Aircraft Mobile T-Hangar, Inc. v. Johnston County Airport Authority

I differ from the majority because I believe that plaintiff J&M Aircraft Mobile T-Hangar, Inc. (“J&M”) could only seek to set aside the default judgment by a motion in the original action brought by Johnston County Airport Authority (the “Airport Authority”) and not through an independent action. Nevertheless, the trial court could, as it did, treat the action as a Rule 60(b) motion. Since, however, a motion to dismiss can only be filed as to a complaint, a counterclaim, or a cross-claim, principles governing motions to dismiss are not applicable to a motion under Rule 60(b) and, for that…