Pioneer Acoustical Co., Inc. v. Cisne & Associates, Inc.
| Decision Date | 05 March 1975 |
| Docket Number | No. 7426DC1031,7426DC1031 |
| Citation | 212 S.E.2d 402,25 N.C.App. 114 |
| Parties | PIONEER ACOUSTICAL COMPANY, INC. v. CISNE AND ASSOCIATES, INC. |
| Court | North Carolina Court of Appeals |
John G. Walker, Charlotte, for plaintiff appellant.
Alvin A. London and Richard A. Lucey, Charlotte, for defendant appellee.
Plaintiff has attempted to appeal from an order setting aside an entry by default previously entered under Rule 55(a) of the North Carolina Rules of Civil Procedure. The order entered pursuant to Rule 55(d), setting aside the entry by default, is interlocutory and plaintiff's appeal is premature. Trust Co. v.Construction Co., 24 N.C.App. 131, 210 S.E.2d 97. Moreover, plaintiff's argument that defendant failed to show excusable neglect and a meritorious defense is irrelevant. Rule 55(d) authorizes the judge to set aside the entry for good cause shown. The determination is for the trial judge in the exercise of his sound discretion. Whaley v. Rhodes, 10 N.C.App. 109, 177 S.E.2d 735.
Appeal dismissed.
To continue reading
Request your trial
-
Waters v. Qualified Personnel, Inc.
...(1939) (denial of defendant's motion to dismiss on ground action was barred by statute of limitations); Acoustical Co. v. Cisne and Associates, 25 N.C.App. 114, 212 S.E.2d 402 (1975) (order setting aside an entry of default); see also 2 McIntosh, North Carolina Practice and Procedure § 1782......
-
Decker v. Homes, Inc., No. COA08-1553 (N.C. App. 6/16/2009)
...of an order setting aside an entry of default precludes immediate appellate review of such orders. Pioneer Acoustical Co. v. Cisne & Associates, Inc., 25 N.C. App. 114, 212 S.E.2d 402 (1975). An interlocutory order is immediately appealable pursuant to N.C. Gen. Stat. § 1-277(a) and N.C. Ge......
-
Bailey v. Gooding
...aside the entry of default was interlocutory and unappealable. Appeals at this stage have been dismissed. Acoustical Co. v. Cisne and Associates, 25 N.C.App. 114, 212 S.E.2d 402 (1975); Trust Co. v. Construction Co., 24 N.C.App. 131, 210 S.E.2d 97 (1974); see also Waters v. Personnel, Inc.,......
-
Sullivan v. Pender Cnty., Inc.
...previously entered pursuant to Rule 55(a) of the Rules of Civil Procedure is interlocutory. Pioneer Acoustical Co. v. Cisne & Assocs., Inc. , 25 N.C. App. 114, 114, 212 S.E.2d 402, 403 (1975).1 Thus, as a general principle, Plaintiff has no right to an immediate appeal of this interlocutory......