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MILLER v. WERNER

No. 3085.

185 A.2d 723 (1962)

Robert J. MILLER, Appellant, v. Alan J. WERNER, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 27, 1962.

Rehearing Denied January 2, 1963.

Attorney(s) appearing for the Case

John J. Spriggs, Jr., Washington, D. C., for appellant.

Herman Miller, Washington, D. C., for appellee.

Before HOOD, Chief Judge, QUINN, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

CAYTON, Acting Judge.

Plaintiff appeals from an order vacating an entry of default. Defendant's motion to vacate, filed some seven months after the default, was based on a claim of "excusable mistake and/or inadvertence," under Rule 60(b) of the trial court, which rule imposes a limitation of three months after judgment for the filing of such motion.

Defendant asks us to rule that this limitation did not apply to him because there was no final judgment in...

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