BYRD v. MORTENSON

No. 45A83.

302 S.E.2d 809 (1983)

Earl H. BYRD, Jr. v. Rodney A. MORTENSON, M.D., P.A. and Rodney A. Mortensen, M.D.

Supreme Court of North Carolina.

May 31, 1983.


Attorney(s) appearing for the Case

Purser, Cheshire, Manning & Parker by Joseph B. Cheshire, V, and Barbara Anne Smith, and Bode, Bode & Call by Robert V. Bode, Raleigh, for plaintiff-appellant.

Henson & Henson by Perry C. Henson and Perry C. Henson, Jr., Greensboro, for defendants-appellees.


BRANCH, Chief Justice.

The questions presented by this appeal are (1) whether the trial judge properly refused to set aside the entries of default and (2) whether it was error for the trial judge to deny defendants' motion for additional time to file answer.

Rule 55(d) of the North Carolina Rules of Civil Procedure provides that the trial court may set aside an entry of default "for good cause shown." G.S. 1A-1, Rule 55(d). The determination of whether an...

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