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G & M SALES OF EASTERN N.C. v. BROWN

No. 828DC1180.

307 S.E.2d 593 (1983)

G & M SALES OF EASTERN NORTH CAROLINA, INC. v. William F. BROWN.

Court of Appeals of North Carolina.

October 18, 1983.

Attorney(s) appearing for the Case

Taylor, Warren, Kerr & Walker by David E. Hollowell, Goldsboro, for plaintiff-appellee.

Wells, Blossom & Burrows, by Richard L. Burrows, Wallace, and Phillips & Phillips by David T. Phillips, Kenansville, for defendant-appellant.

HEDRICK, Judge.

Defendant first argues that the court erred in denying his motion to set aside the entry of default and default judgment entered on 19 March 1982. We agree. Rule 55 of the North Carolina Rules of Civil Procedure, in pertinent part, provides:

(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead ... the clerk shall enter his default. (b) Judgment.... (1) By the Clerk...

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