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FOUNTAIN v. PATRICK

No. 794SC65.

261 S.E.2d 514 (1980)

44 N.C. App. 584

Donna Cleo FOUNTAIN v. Hollis T. PATRICK and Nathaniel West.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Joseph C. Olschner, Jacksonville, for plaintiff appellant.

Hamilton, Bailey & Coyne, by H. Buckmaster Coyne, Jr., Morehead City, for defendant appellees.

ERWIN, Judge.

The setting aside of default judgments is governed by the provisions of G.S. 1A-1, Rule 60(b). G.S. 1A-1, Rule 55(d). Rule 60(b), relied upon by defendants in their motion to set aside the judgment, provides:

On motion and upon terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect;...

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