CALLAWAY v. FREEMAN

No. 843DC130.

322 S.E.2d 432 (1984)

Clark CALLAWAY, d/b/a Clark's Seafoods v. Ellen FREEMAN, d/b/a Harborside Restaurant.

Court of Appeals of North Carolina.

November 20, 1984.


Attorney(s) appearing for the Case

L. Patten Mason, Morehead City, for plaintiff.

Ward & Smith, P.A. by Kenneth R. Wooten, New Bern, for defendant.


WELLS, Judge.

Defendant contends that her N.C. Gen.Stat. § 1A-1, Rule 60(b) of the Rules of Civil Procedure motion to set the judgment aside should have been granted because of her mistake and excusable neglect and because of the misconduct of plaintiff. We do not address the misconduct issue, but hold that defendant did show excusable neglect, and reverse.

The record before us shows that defendant clearly demonstrated that she never received a trial...

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