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Gibby v. Lindsey3/19/2002
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In this case, the trial court was presented with no factual allegations on the factors of mistake, inadvertence, surprise, or excusable neglect. Defendant's motion to set aside the default judgment also did not address the requirements set out in House of Raeford Farms. See id. Defendant merely asserted he had not been served with process. As discussed in section I of this opinion, this is an allegation that is properly addressed by a motion under Rule 60(b)(4) and was correctly considered and decided as such by the trial court.
Affirmed.
Judges McGEE and THOMAS concur.
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