City of Durham v. Woo

In City of Durham v. Woo, 129 N.C. App. 183, 497 S.E.2d 457 (1998), the Court concluded it was within the trial court's discretion to set aside a default judgment against the defendants because, although defendants failed to file a formal answer with the court within 120 days, two of the defendants sent letters to the trial court responding to the complaint. Id. at 188, 497 S.E.2d at 461. In Woo, the 120-day time period had expired for the defendant to file an answer, but final judgment had not yet been entered against him. . . . The trial court allowed the defendant a thirty-day extension from the date of its order to answer. The Woo Court held that the trial court properly exercised its discretion under section 40A-46. The trial court found that the letters constituted an appearance in the condemnation proceeding and "put the City on notice that it should not have proceeded to file a motion for entry of default." Id. at 186, 497 S.E.2d at 460; In addition, one of the Woo defendants continued to negotiate with the plaintiff to secure an increased price for the property.