Legal Opinion

Scoggins v. Jacobs

Court of Appeals of North Carolina

Decided April 5, 2005No. COA04-697PublishedCited by 5 opinions

1Opinion of the Court

WYNN, Judge.

Rule 60(b) of the North Carolina Rules of Civil Procedure allows a judgment to be set aside if the moving party shows that the judgment rendered against him was due to his excusable neglect, and he has a meritorious defense. Higgins v. Michael Powell Builders, 132 N.C. App. 720, 726, 515 S.E.2d 17, 21 (1999). In this appeal, Defendant Jacob Jacobs contends the trial court erroneously failed to find that he exercised due diligence and that his failure to answer the complaint was due to excusable neglect. Because the record shows competent evidence to support the trial court’s…

2Cases cited13 opinions

  1. Thomas M. McInnis & Associates, Inc. v. HallSupreme Court of North Carolina · 1986
  2. Moore v. City of RaleighCourt of Appeals of North Carolina · 1999
  3. Stephens Ex Rel. Houston v. ChildersSupreme Court of North Carolina · 1952
  4. Howard v. WilliamsCourt of Appeals of North Carolina · 1979
  5. Town of Chapel Hill v. BurchetteCourt of Appeals of North Carolina · 1990

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McKinley Building Corp. v. AlvisCourt of Appeals of North Carolina · 2007
  2. Milton M. Croom Charitable Remainder Unitrust v. HedrickCourt of Appeals of North Carolina · 2008
  3. Monaghan v. SchillingCourt of Appeals of North Carolina · 2009
  4. Am. Transp. Grp. Ins. Risk Retention Grp. v. Mvt Ins. Servs., Inc.North Carolina Business Court · 2021
  5. McKinley Building Corp. v. AlvisCourt of Appeals of North Carolina · 2007

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