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SCOGGINS v. JACOBS

No. COA04-697.

610 S.E.2d 428 (2005)

Joe Don SCOGGINS d/b/a Bull City Opry House, Inc., Plaintiff, v. Mr. Jacob JACOBS, a.k.a. Mr. Teddy Louis Jacobs, Defendant.

Court of Appeals of North Carolina.

April 5, 2005.

Attorney(s) appearing for the Case

Stubbs, Cole, Breedlove, Prentis & Biggs, PLLC, by C. Scott Holmes, Durham, for plaintiff-appellee.

Brown, Flebotte, Wilson & Horn and Webb, PLLC, by Daniel R. Flebotte, Creedmore, for defendant-appellant.

WYNN, Judge.

Rule 60(b) of the North Carolina Rules of Civil Procedure allows a judgment to be set aside if the moving party shows that the judgment rendered against him was due to his excusable neglect, and he has a meritorious defense. Higgins v. Michael Powell Builders, 132 N.C. App. 720, 726, 515 S.E.2d 17, 21 (1999). In this appeal, Defendant Jacob Jacobs contends the trial...

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