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CAROLINA BANK, INC. v. NORTHEASTERN INS., ETC.

No. 7410SC883.

212 S.E.2d 552 (1975)

25 N.C. App. 211

The CAROLINA BANK, INC., v. NORTHEASTERN INSURANCE FINANCE COMPANY, INC., et al.

Court of Appeals of North Carolina.

March 19, 1975.

Attorney(s) appearing for the Case

Dillard M. Powell, Cary, for plaintiff.

Richard B. Conely, Raleigh, for defendant John I. Lee.

BROCK, Chief Judge.

Whether exclusable neglect has been shown is a question of law. The trial court considers the evidence and finds the facts. Upon the facts found, the trial judge determines, as a matter of law, whether they constitute excusable neglect. Equipment, Inc., v. Lipscomb, 15 N.C. App. 120, 189 S.E.2d 498 (1972). Upon the facts found in this case, we think the trial judge correctly concluded that the failure of defendant...

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