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STATE EX REL. MILES v. MITCHELL

No. 826DC1067.

306 S.E.2d 857 (1983)

STATE of North Carolina ex rel. Dan MILES, IV-D Agent v. Larry Donnell MITCHELL.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Gillam, Gillam & Smith by Lloyd C. Smith, Jr. and Roswald B. Daly, Jr., Windsor, for plaintiff-appellee.

Carter W. Jones by Carter W. Jones, Kevin M. Leahy, and Charles A. Moore, Ahoskie, for defendant-appellant.

EAGLES, Judge.

The defendant assigns as error the trial court's denial of his motion to set aside entry of default and default judgment. To prevail on a Rule 60(b) motion, the burden is on the movant to show that his neglect in failing to answer or otherwise appear was excusable and that he has a meritorious defense to the action of the plaintiff. Menache v. Atlantic Coast Management Corp., 43 N.C. App. 733,

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