Public-domain · open source
OpenJurist

47 N.C. App. 491

267 S.E.2d 394

Boyd v. Marsh

Court of Appeals of North Carolina · decided 1980-07-01

Relies on 3 N.C. App. 235 - Ellison v. White · 2 N.C. App. 578 - Meir v. Walton

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-01

How this case has been cited

Cited by 18 later decisions — most recently April 2005

12 state decisions

120198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ARNOLD, Judge.

¶1 It is well-established that a party served with a summons must give the matter the attention which a person of ordinary prudence gives to his important business, and failure to do so is not excusable neglect under G.S. 1A-1, Rule 60(b)(1). See Ellison v. White, 3 N.C. App. 235, 164 S.E. 2d 511 (1968); Meir v. Walton, 2 N.C. App. 578, 163 S.E. 2d 403 (1968) and cases cited therein. In the instant case the facts do not support the court’s conclusion that defendant’s failure to answer was excusable. Defendant has a ninth grade education and can read and write. He previously has employed attorneys in other matters. The fact that in the present situation he did not believe plaintiffs could prevail does not excuse his failure to file an answer and pursue his defense. Nor does the fact that in his motion he set out a meritorious defense justify the setting aside of the default judgment, since in the absence of a showing of excusable neglect, the ques *493 tion of meritorious defense becomes immaterial. Meir v. Walton, supra.

¶2 The court’s order setting aside the default judgment is

¶3 Reversed.

Judges Martin (Robert M.) and Wells concur.
/47/ncapp/491 · .json · Public domain